Mr A Dixon v Possabilities CIC: 2421422/2017
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 Holmes Date: 22 November 2017[1]The claimant's claim of breach of contract in relation to notice pay is dismissed upon withdrawal by the claimant.[2]The claimant's claim of breach of contract in respect of an allegation that the respondent failed to follow its capability procedure is struck out under rule 37(1)(a) of the Employment Tribunals Rules of Procedure 2013 on the ground that it has no reasonable prospect of success.[3]The claimant's claim of breach of contract in relation to overtime pay is not struck out under rule 37 and nor is the claimant's claim of discrimination because of religion or belief. Employment Judge Aspden Date________1 March 2018________