Mr E Van-Dunem Da Silva v Rentalcars.com: 2420560/2017

EMPLOYMENT TRIBUNALS
Case No 2420560/2017
Mr E Van-Dunem Da SilvaClaimantRentalcars.comRespondent
Employment Judge PorterDate 27 October 2017

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 Employment Judge Porter Date: 27 October 2017[1]The complaint of failure to pay accrued holiday pay is withdrawn and dismssed upon that withdrawal.[2]The complaint of race discrimination is not well-founded and is dismissed.[3]The claimant is ordered to pay a contribution to the respondent’s costs of the proceedings in the sum of £10,000.