Mr D Hoy v Birtenshaw: 2406289/2020

EMPLOYMENT TRIBUNALS
Case No 2406289/2020
Mr D HoyClaimantBirtenshawRespondent
Employment Judge SlaterIn person for claimantMr Khan (instructed by Counsel) for respondentDate 22 June 2021

JUDGMENT

The complaint that the claimant was unfairly dismissed is struck out.

REASONS

[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring such a complaint.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s complaints of disability discrimination are not affected by this judgment. Employment Judge Slater Date: 10 August 2020 Case No: 2406289/2020[1]At the relevant time, from 26 March 2020 to 15 April 2020, the claimant was not a disabled person within the meaning of section 6 of the Equality Act 2010.[2]The claim of disability discrimination is therefore dismissed.