Mr Z Kur v The Food Barn: 2600388/2022
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 Ayre Date: 16 March 2022 Case No: 2600388/2022 & Other 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimants: Mr Z Kur(1) Mr W Wisniewski(2) Respondent: The Food Barn Limited[1]The first and second claimants’ claims for a redundancy payment are dismissed upon withdrawal by the claimants.[2]The first claimant’s claim for breach of contract (notice pay) is dismissed upon withdrawal by the first claimant.[3]The first and second claimants’ other complaints under this case 2600388/2022 continue. _____________________________ Employment Judge Welch Dated: 15 July 2022[1]The second claimant complains of unfair dismissal.[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 brought by the second claimant is struck out. The first and second claimants’ other complaints are not affected by this judgment.