Mr P Mansfield v Swissport GB Ltd: 6009387/2024
JUDGMENT
The judgment of the Tribunal is as follows: Strike out of claims[1]The complaints of unfair dismissal and breach of contract are struck out under Employment Tribunal Rule 38(1)(a) because they have no reasonable prospect of success.[2]Alternatively, the complaints of unfair dismissal and breach of contract are struck out under Employment Tribunal Rule 38(1)(c) because the claimant has not complied with Tribunal orders.[3]Alternatively, the complaints of unfair dismissal and breach of contract are struck out under Employment Tribunal Rule 38(1)(d) because they have not been actively pursued.REASONS
[4]The claimant did not have sufficient service to qualify for employment protection. Section 108 of the Employment Rights Act 1996 provides that unfair dismissal protection ‘does not apply to the dismissal of an employee unless he has been Case Number: 6009387/2024 continuously employed for a period of not less than two years ending with the effective date of termination’. The claimant’s employment started on 1 September 2022 and his effective date of termination was 24 May 2024. This is less than two years. There is no reasonable prospect of the claimant showing that the tribunal would have jurisdiction to hear this claim.[5]The claimant has brought a breach of contract claim but the claim does not amount to a claim which can be brought in the employment tribunal as it is not for damages for breach or the recovery of a sum, as required by section 3(2) of the Employment Tribunals Act 1996. There is no reasonable prospect of the claimant showing that the tribunal would have jurisdiction to hear this claim.[6]The claimant was ordered to provide a Schedule of Loss by 6 June 2025, to disclose relevant documents by 20 June 2025 and to exchange witness statements on 18 July 2025. He has failed to comply with any of these orders.[7]The claimant has failed to engage with the respondent in the preparation for this hearing and he did not attend the hearing. I conclude that he is not actively pursuing the claims.