Mrs J Frederisken v Mercure Bolton Georgian House Hotel: 2408559/2022
JUDGMENT
The claim is struck out.REASONS
[1]The claim contains a single complaint of unfair dismissal.[2]The claimant was not continuously employed for two years ending with the effective date of termination.[3]Section 108 of the Employment Rights Act 1996 places a limit on the rights of employees to bring a claim of unfair dismissal. As a general rule, employees have no right to bring such a claim unless they were continuously employed for two years ending with the effective date of termination.[4]There are exceptions to the rule in section 108. These are set out in section 108 itself. None of the exceptions appear to apply in this case.[5]Rule 37 of the Employment Tribunal Rules of Procedure 2013 gives the tribunal the power to strike out a claim on the ground that it has no reasonable prospect of success.[6]By a letter dated 3 November 2022, the Tribunal gave the claimant until 10 November 2022 to show cause why his complaint of unfair dismissal should not be struck out.[7]The claimant has not replied to that letter.[8]The claim is therefore struck out.