Mr T Lunga v Moving Target Express Ltd: 2409032/2020
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 other complaints are not affected by this judgment. Employment Judge Phil Allen 3 November 2020[1]The claimant was not an employee of the respondent and there was no contract of employment between the claimant and respondent for the purposes of section 42 of the Employment Tribunals Act 1996.[2]Therefore the Employment Tribunal does not have jurisdiction over the claimant’s breach of contract claim against the respondent. The claimant’s claim is dismissed.