Mr C Hilton v J Miller and others: 3315438/2022
JUDGMENT
STRIKING OUT CLAIM The Claimant’s complaint of unfair dismissal is struck out. The Tribunal does not have jurisdiction to hear it.REASONS
[1]On 17 January 2023, the Tribunal issued a Strike Out Warning in relation to the Claimant’s complaint that he was unfairly dismissed due to a lack of qualifying service as, on the face of his Claim Form, he was employed for less than two years.[2]The Claimant submitted replies on 17 January 2023 and 9 May 2023, setting out reasons why he considered that his unfair dismissal claim should be allowed to proceed. None of these fell within the definition of complaints which, if upheld, would give rise to a finding of automatic unfair dismissal.[3]Rather, the Claimant’s complaints were of a lack of process and / or inappropriate consideration of the evidence in his position.[4]For those reasons the Tribunal does not have jurisdiction to hear the Claimant’s complaint that he was unfairly dismissed and that claim is struck out. 29 August 2023