Mr M Davies v Fothergill Coated Fabrics Ltd F.A.O C Lamb: 2415720/2020
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 Date: 22 January 2021 Case No: 2415720/2020[1]The claim for unfair dismissal has already been dismissed.[2]The claim for wrongful dismissal has no reasonable prospect of success and is struck out.[3]The claims relating to arrears of pay which are made as unlawful deduction of wages relating to the furlough scheme and parental leave are dismissed as having no reasonable prospect of success.[4]The claimant’s application to amend his claim to include a claim for indirect sex discrimination fails and in any event, such a claim would have no reasonable prospect of success.[5]Consequently, all claims of the claimant have been either dismissed or struck out and this litigation cannot continue. Case No. 2415720/20 2