Mr K Singleton v L Dale and Pro Earthmoving Ltd: 6020898/2024
JUDGMENT
The complaint of unfair dismissal 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 these proceedings.[5]Whilst the claimant has given reasons that the claim should not be struck out because the respondent did not follow their own disciplinary process, that is not a sufficient reason as to why Section 108 Employment Rights Act 1996 is said not to apply to him.[6]Accordingly, the complaint of unfair dismissal is struck out. The claim of breach of contract is unaffected by this Judgment. Approved by Employment Judge Heap Date: 31st January 2025 Case Number: 6020898/2024 EMPLOYMENT TRIBUNALS Claimant: Kemal Singleton Respondent: Pro Earthmoving Ltd Heard at: Nottingham On: 7 November 2025 Before: Employment Judge McTigue Representation Claimant: In person Respondent: No attendance or representation[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £726.63 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Approved by: