Mr D Needham v Driscoll Brothers Group Ltd: 2409488/2020
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. Therefore, the claimant is not entitled to bring such a complaint.[4]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. Accordingly, the complaint of unfair dismissal is struck out.[5]The claimant’s other complaints are not affected by this judgment and shall proceed to hearing listed on 19 May 2021. _____________________________ Employment Judge Batten Date: 21 January 2021[1]The claimant’s claims in respect of notice pay and commission were presented out of time on 31 July 2020.[2]It was reasonably practicable for the claimant to bring his claim in time (and therefore on or before 30 July 2020). The claimant did not do so, and the tribunal therefore has no jurisdiction to hear the claimant’s claim and it is struck out on this basis.