Mr G Varmeda v Workforce World Ltd: 2500474/2022
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 Jeram Date: 14 September 2022 Case Number: 2500474/2022 1 THE EMPLOYMENT TRIBUNALS Claimant: Mr G Varmeda Respondent: Workforce World Limited Heard at: Newcastle Hearing Centre On: 14 and 15 March 2023 Before: Employment Judge Morris Members: Mr R Greig Miss B Kirby Representation: Claimant: Mr V Jieman, trade union representative Respondent: Mr W Hawkings, director of the respondent[1]The relationship between the claimant and the respondent was not one of “employment” as that word is defined in section 83(1) of the Equality Act 2010.[2]That being so, with reference to sections 39 and 40 of that Act, the Tribunal does not have the jurisdiction to consider the claimant’s complaints of discrimination arising from disability, victimisation or harassment.[3]Those complaints are therefore dismissed. EMPLOYMENT JUDGE MORRIS