Mr S Smith v Hodgson Academy: 2410897/2018

EMPLOYMENT TRIBUNALS
Case No 2410897/2018
Mr S SmithClaimantHodgson AcademyRespondent
Employment Judge Tom RyanDate 28 September 2018

JUDGMENT

[1]The claim is dismissed pursuant to rule 52 of the Employment Tribunal Rules of Procedure 2013 upon the tribunal having been informed by the claimant that it is withdrawn.[2]The respondent’s application for costs is adjourned to be determined in accordance with directions contained in a separate order. _____________________________ Employment Judge Date 1 October 2018

REASONS

[1]The claimant complains of unfair dismissal.[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.