Mr C Lowe v John K Philips Ltd: 6004690/2024

EMPLOYMENT TRIBUNALS
Case No 6004690/2024
Mr C LoweClaimantJohn K Philips LtdRespondent
Employment Judge TobinIn person for claimantMr Mclean (instructed by Counsel) for respondentDate 9 January 2026

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 Tobin 9 December 2024 Case No: 6004690/2024[1]The claimant has not presented evidence which shows that at the relevant he was a disabled person as defined by section 6 Equality Act 2010. The claimant is therefore found not to have been a disabled person at the relevant time and his only outstanding claim, which is a claim of discrimination arising from disability, is dismissed.[2]The respondent’s application for costs arising from the postponed hearing listed to take place on 30 September 2025 is refused. Approved by: