Mr P Flaherty v Swift Lawyers Ltd: 2411630/2023 and 2411256/2023
JUDGMENT
The claim is struck out.REASONS
The claim is struck out on the grounds that it is a duplicate claim, and therefore an abuse of process. JUDGMENT The complaint that the claimant was unfairly dismissed is struck out. 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.