Mr T Nichol v City of York Council: 6002292/2023
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. _____________________________ Employment Judge Ayre Date: 23 February 2024 Case number: 6002292/2023 EMPLOYMENT TRIBUNALS Claimant: Mr T Nichol Respondent: The City of York Council Heard at: Hull (by video) On: 25 April 2024 Before: Employment Judge Miller Representation Claimant: In person Respondent: Mr Healy – counsel[1]At the relevant times the claimant was a disabled person as defined by section 6 Equality Act 2010 because of chronic pain, depression, anxiety and memory impairment.[2]The complaints of unfavourable treatment because of something arising in consequence of disability can therefore proceed.[3]The claimant was not a disabled person as defined by section 6 Equality Act 2010 because of dyslexia.