A Rollin v Redline Aviation Security Ltd (T/a Redline Assured Security) and Air Partner plc: 6001029/2023
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]One of the Claimant’s complaints is of unfair dismissal.[2]Under s 108 Employment Rights Act 1996 you must have worked for your employer for at least two years in order to bring an ordinary unfair dismissal complaint in the Employment Tribunal.[3]It appears that the Claimant was employed by the Respondent for less than two years. None of the exceptions to s 108 Employment Rights Act 1996 appears to apply. Therefore, it appears that the Claimant cannot bring an unfair dismissal complaint in the Tribunal and that complaint must therefore be struck out.[4]This does not affect the complaint of disability discrimination, which will be discussed further at the preliminary hearing that has now been listed.