A Keene v Bauer Radio Ltd: 6000128/2025
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. RECONSIDERATION[1]The claimant’s Particulars of Claim stated that she was making a claim under section 95(1)(c) of the Employment Rights Act 1996. This is a claim for “ordinary” unfair dismissal. Such claims require 2 years’ service. The tribunal does not have discretion to hear this complaint because the claimant had less than two years’ service.[2]The claimant now says that she is making a claim for dismissal on health and safety grounds under section 100(1)(e) of the Employment Rights Act 1996. It is not apparent from her Particulars of Claim that the circumstances of her case fall within this section and it is likely she will need to amend her claim to proceed with it.[3]Furthermore, if she is also suggesting that her dismissal was discriminatory, this should form part of her discrimination claim.[4]However, these matters do not alter the fact that she made a claim for “ordinary” unfair dismissal, which cannot proceed and therefore is struck out. Approved by