Automated Summary
Key Facts
The claimant, Miss R Li, was employed by La Mart Limited for less than two years, disqualifying her from bringing an unfair dismissal complaint under Section 108 of the Employment Rights Act 1996. The tribunal struck out this claim, but other complaints remain unaffected.
Issues
The claimant's unfair dismissal complaint was struck out as they did not meet the minimum two-year service requirement under Section 108 of the Employment Rights Act 1996. The tribunal found the claimant was employed for less than two years, disqualifying them from bringing such a claim despite being given an opportunity to provide an acceptable reason for the complaint.
Holdings
The claimant's complaint of unfair dismissal was struck out because she was employed for less than two years, which is a statutory requirement under Section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason for the complaint to remain active despite being given the opportunity.
Legal Principles
The Employment Rights Act 1996 Section 108 mandates a minimum two-year service period for employees to bring unfair dismissal complaints. The claimant's employment duration fell short of this requirement, leading to the dismissal complaint being struck out despite opportunities to provide an acceptable reason.
Cited Statute
Employment Rights Act 1996
Judge Name
C Sharp
Passage Text
- The complaint that the claimant was unfairly dismissed is struck out.
- 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 respondent for less than two years.