Mr A Varghese v Gooch & Housego (Torquay) Ltd: 6000995/2023
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.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.[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. Although the claimant asserts that his dismissal was because of race discrimination, that is not an exception to the requirement that a person has two years’ employment to bring an unfair dismissal complaint. It does not, however, prevent the claimant from asserting, as part of his race discrimination claim, that his dismissal was because of his race.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.