Mr O Trinh v Pertemps Recruitment Partnership Ltd: 2601391/2021
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 Victoria Butler Date: 9 July 2021 CASE NO: 2601391/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mr Oreis Trinh Respondent: Pertemps Recruitment Partnership Limited Heard at: Nottingham On: 29 October 2021 Before: Employment Judge Phillips (sitting alone) Representation Claimant: Mr Trinh, in person Respondent: Miss Mallin-Martin of Counsel[1]The Claimant does not have the requisite length of service to bring a claim for unfair dismissal which accordingly is not well founded and is dismissed; and[2]The Claimant’s claims in respect of discrimination and harassment on the basis of age, disability and religion or belief were presented to the Tribunal outside of the primary time limits. It is not just and equitable to extend the time limits and accordingly the Claims are dismissed.