Miss N Shonick v St George's Medical Centre: 2414091/2019
JUDGMENT
The claim is struck out.REASONS
[1]The claimant complains of unfair dismissal and of breach of contract.[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 and does not have the right to bring a complaint of unfair dismissal. 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.[4]There is no qualifying period for the complaint of breach of contract (“wrongful dismissal”) in these proceedings. However, such a complaint is limited to pay for the contractual notice period. The claimant has not disputed the respondent’s assertion that she was paid for her notice period. The claim has no reasonable prospect of success and is struck out. Case no: 2414091/2019[5]The case is at an end.