S Campbell v Chris Ellis Project Service Ltd: 6003864/2024
JUDGMENT
[1]The claim of unfair dismissal is struck out.[2]The claimant’s remaining claim of breach of contract in relation to notice pay and annual leave will proceed to a hearing on a date to be notified.REASONS
[1]Section 108 of the Employment Rights Act 1996 requires a claimant to have at least two years’ service before being able to bring a claim of unfair dismissal, except in certain circumstances which do not appear to arise in this case.[2]According to the dates provided on the claim form, the claimant was employed for less than two years.[3]The Tribunal has written to the claimant to see if there is any reason why, despite having less than two years’ service, the claim should be allowed to proceed. However, he has not done so.[4]Accordingly, the claim of unfair dismissal is struck out.