Mr A Foster v Oakfield Construction Ltd and Ontime Business Services Ltd: 2600994/2022
JUDGMENT
The complaint that the Claimant was unfairly dismissed is struck out.REASONS
[1]The 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 is struck out. The Claimant’s other complaint of discrimination relying on the protected characteristic of race are not affected by this judgment.