Automated Summary
Key Facts
The Employment Tribunal struck out Mr C O'Neil's unfair dismissal complaint due to insufficient service period (less than two years with both employers), as required by Section 108 of the Employment Rights Act 1996. The judgment was delivered by Employment Judge Ayre on 12 May 2023.
Issues
The Employment Tribunal struck out the claimant's unfair dismissal complaint against the First Respondent because the claimant did not have the required two years of continuous service under Section 108 of the Employment Rights Act 1996. The claimant had less than two years of service with the First Respondent and failed to provide a valid reason for the complaint to proceed.
Holdings
The Employment Tribunal struck out the claimant's unfair dismissal complaint due to insufficient service, as the claimant had less than two years of employment with both the First and Second Respondents, which is required under Section 108 of the Employment Rights Act 1996. The claimant failed to provide a valid reason to avoid the strike-out.
Remedies
The Employment Tribunal struck out the claimant's unfair dismissal complaint as he had less than two years' service with both employers, making him ineligible under Section 108 of the Employment Rights Act 1996. Other complaints remain unaffected.
Legal Principles
Section 108 of the Employment Rights Act 1996 requires two years' continuous service for unfair dismissal claims; the claimant did not meet this requirement.
Cited Statute
Employment Rights Act 1996
Judge Name
Ayre
Passage Text
- 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.
- The claimant was employed by the First Respondent for less than two years and worked for the Second Respondent for less than two years.
- Therefore, the claimant is not entitled to bring such a complaint.