S J Warburton v N Topping T/a Tyne Insulation Supplies: 2407167/2024
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]The claim includes a complaint of unfair dismissal.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than 2 years’ service to make an unfair dismissal complaint.[3]The claimant was employed by the respondent for less than 2 years. Therefore the claimant is not entitled to pursue a complaint of unfair dismissal.[4]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint of unfair dismissal should not be struck out.[5]Accordingly, the complaint of unfair dismissal is struck out.[6]The claimant’s other complaints, of breach of contract and for wages are not affected by this judgment and shall proceed to hearing on a date to be fixed.