Mr C Leeson v Sirius Childcare Ltd: 6029549/2025
JUDGMENT
[1]The Claimant’s claim of unfair dismissal under Section 98 of the Employment Rights Act 1996 (as amended) (“ERA”) is Struck Out under the Employment Tribunals Rules of Procedure 2024 (as amended) (“the ET Rules”) Rule 38 as having no reasonable prospect of success.[2]The Claimant’s claim under Section 47B ERA of Public Interest Disclosure detriment is Struck Out also under Rule 38 of the ET Rules as having no reasonable prospect of success..[3]The Claimant’s claim under Section 13 ERA of unlawful withholding or deduction from salary is Struck Out also under Rule 38 or the ET Rules as having no reasonable prospect of success. 1 of 2 Case Number: 6029549/2025REASONS
[4]I heard oral submission from both sides and applaud their candour in respect of concession each made. .[5]I reached my conclusions for the following reasons:- 5.1 The unfair dismissal claim – the Claimant having been employed from 2 February 2025 to 27 May 2025, he has not achieved the necessary length of service (2 years) as prescribed by Section 108 ERA to enable him to pursue an unfair dismissal claim; 3.2 The whistleblowing claim – on his own admission, the disclosure which the Claimant made as a n allegedly qualifying protected disclosure, was made in September 2024, long before commencement of employment and not during employment; 3.3 The salary claim – the evidence before me of the Claimant’s payslips showed no sign of any withholding or deductions of sums earned and they cover the entire span of his employment.[6]There remains to be determined a still extant direct disability discrimination claim alone. This is going to be dependent upon the outcome of a further preliminary hearing for which the claimant is under terms to provide medical evidence which is the subject of separate case management orders which are recorded separately.