J Arkley v Vantec Europe Ltd: 2500110/2022
JUDGMENT
[1]The complaint of unfair dismissal is dismissed.[2]This judgment does not affect the complaint of disability discrimination.REASONS
[3]The Claimant was employed by the Respondent from 31 August 2021 to 16 December 2021. At the time of his dismissal he had less than two years’ continuous employment.[4]On 16 March 2022, the Tribunal wrote to the Claimant explaining that in order to qualify for the right to bring a complaint of unfair dismissal, an employee must have been continuously employed for two years ending with the date of termination other in those cases set out in section 108(3), none of which appeared to apply in the Claimant’s case. Accordingly, the Claimant was informed that if he wished to object to the complaint of unfair dismissal being dismissed, he must write to the Tribunal on or before 05 April 2022 explaining why not, and that if he failed to respond the complaint would stand dismissed without further order. The Claimant did not respond to the request.[5]As the Claimant did not have sufficient continuity of employment, his complaint of unfair dismissal must be dismissed on the basis that the Tribunal does not have the jurisdiction to consider it.