Miss W Tottingham v Kettering General Hospital: 3300806/2022 and 3303321/2022

EMPLOYMENT TRIBUNALS
Case No 3300806/2022, 3303321/2022
Miss W TottinghamClaimantKettering General HospitalRespondent
Employment Judge TynanIn person for claimantA Shellum (instructed by Counsel) for respondentDate 29 November 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 Tynan Date: 31 October 2022[1]The claimant’s claims of unlawful deduction from wages, raised in all three of these claims, are dismissed upon withdrawal by the claimant.[2]The claims, now consolidated, continue as claims of discrimination arising from disability.