Mr C White v Debenham VP Ltd: 6012037/2024
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]The claimant complains of unfair dismissal (amongst other things).[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, unless one of the specific exceptions apply.[3]The claim form implies that the claimant was employed by the respondent for less than two years.[4]Despite being given the opportunity to do so, the Claimant has not presented any argument that one of the exceptions apply. His 2 October submission simply asserted that he thinks that unfair dismissal would be a reasonable complaint for him to bring, while stating that he would potentially be content to bring an alternative complaint.[5]Accordingly, the complaint of unfair dismissal is struck out. Case No: 6012037/2024[6]The claimant’s other complaints are not affected by this judgment. The claim continues as one which alleges failure to pay salary which was due, and/or for notice pay based on alleged wrongful withdrawal of job offer.