B Rathore v Community Health Partnerships Ltd: 6017889/2024

EMPLOYMENT TRIBUNALS
Case No 6017889/2024
B RathoreClaimantCommunity Health Partnerships LimitedRespondent
Employment Judge Batten DateDate 3 April 2025

JUDGMENT

The complaint of unfair dismissal is struck out.

REASONS

[1]The claim includes a complaint of unfair dismissal. However, section 108 of the Employment Rights Act 1996 requires a claimant to have not less than 2 years’ service to make an unfair dismissal complaint.[2]The claimant was employed by the respondent for less than 2 years. Therefore, the claimant is not entitled to pursue a complaint of unfair dismissal.[3]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why his unfair dismissal complaint should not be struck out for lack of jurisdiction. Accordingly, the complaint of unfair dismissal is struck out.[4]The claimant’s other complaints are not affected by this judgment and shall proceed to hearing.