T Rowland v Dr S Majevadia, Dr M Green, Dr A Bancroft and Dr B Straw T/a Broomfield Park Medical Centre: 6024097/2025
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]The claimant complains of unfair dismissal.[2]Subject to certain exceptions, 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 such a complaint.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Moreover, at the time the claimant presented her claim form, she had not resigned and was not under notice of dismissal. Any unfair dismissal claim was therefore premature. 6. Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.