Mr H Kotb v Virgin Atlantic Airways: 3303978/2024
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out. This was the only complaint, and so the claim is at an end.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, unless one of the specific exceptions apply.[3]The claim form contained no dates of employment. The Claimant’s email of 10 May 2024 stated that the claimant was employed by the respondent for less than two years (from 12 February to 20 March 2024)[4]Despite being given the opportunity to do so, the Claimant has not presented any argument that one of the exceptions might apply. The contents of his email of 6 August 2024 are noted, but merely dispute that the Respondent had sufficient reason to dismiss him.[5]Accordingly, the complaint of unfair dismissal is struck out.