Mr D Gondalia v Green Motion Leicester: 6021664/2024

EMPLOYMENT TRIBUNALS
Case No 6021664/2024
Mr. D GondaliaClaimantGreen Motion LeicesterRespondent
Employment Judge Heap DateDate 30 January 2025

JUDGMENT

The complaint that the claimant was unfairly dismissed is struck out.

REASONS

[1]The Claimant complains of unfair dismissal. 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.[2]The Claimant was employed by the Respondent for less than two years. Therefore, the Claimant is not entitled to bring such a complaint.[3]The Claimant’s reason that the complaint should not be struck out because it relates to unlawful discrimination is not a reason for not striking out the unfair dismissal claim. That is because such complaints about discriminatory dismissals are brought under the Equality Act 2010 not the Employment Rights Act 1996.[4]Accordingly, the complaint of unfair dismissal is struck out. The Claimant’s discrimination complaints are not affected by this judgment. Approved by: