Miss M Gemmell v Saltire Facilities Management Ltd: 4108034/2020
JUDGMENT
That part of the Claim Form relating to a claim of unfair dismissal under section 94 of the Employment Rights Act 1996 is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the ground that it has no reasonable prospect of success in light of the lack of jurisdiction, in terms of rule 37(1)(a).REASONS
[1]In her Claim Form the claimant sought to make a claim of unfair dismissal under section 94 of the Employment Rights Act 1996. To do so, section 108 of the Act requires a claimant to have two years’ continuous employment.[2]The claimant was employed by the respondent, as she accepted in the hearing before me, from 9 September 2020 to 11 November 2020. She does not therefore have the necessary service and the Tribunal does not have jurisdiction over the claim as to unfair dismissal under section 94.[3]For the avoidance of doubt the other claims referred to in the Note following the hearing on 4 March 2021 are not affected by this Judgment. Employment Judge: Sandy Kemp Date of Judgment: 09 March 2021 Entered in register: 23 March 2021 and copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4108034/2020 Miss M Gemmell Claimant Saltire Facilities Management Ltd Respondents[1]On 4 May 2021 the Tribunal gave the claimant an opportunity to give written reasons by 11 May 2021 or to request a hearing in order to consider why the claim should not be struck out.[2]The claimant has failed to give an acceptable reason why such a judgment should not be made or to request a hearing. The Tribunal therefore strikes out the claim.