Automated Summary
Key Facts
The claimant, Miss V Way, was employed by Frimley Health NHS Foundation Trust for less than two years, which is the minimum service required under Section 108 of the Employment Rights Act 1996 to file an unfair dismissal complaint. As a result, her complaint was struck out. The claimant did not provide an acceptable reason to justify retaining the complaint.
Issues
The central issue was whether Miss V Way, the claimant, satisfied the two-year service threshold required to pursue an unfair dismissal complaint under Section 108 of the Employment Rights Act 1996. The tribunal found that her employment with Frimley Health NHS Foundation Trust lasted less than two years, rendering her ineligible. Consequently, the unfair dismissal claim was struck out, though other complaints remain unaffected.
Holdings
- The claimant's other complaints are not affected by this judgment.
- The court has determined that the claimant's complaint of unfair dismissal is struck out. This decision is based on the claimant's lack of two years' service as required by Section 108 of the Employment Rights Act 1996 and her failure to provide an acceptable reason to oppose the strike out.
Remedies
The court struck out the claimant's unfair dismissal complaint due to insufficient service period, as required by Section 108 of the Employment Rights Act 1996. The claimant failed to provide an acceptable reason to avoid this outcome.
Legal Principles
The claimant was not entitled to bring an unfair dismissal complaint as she had less than two years of service, as required by Section 108 of the Employment Rights Act 1996.
Cited Statute
Employment Rights Act 1996
Judge Name
Employment Judge Anstis
Passage Text
- The complaint of unfair dismissal is struck out. The claimant's other complaints are not affected by this judgment.
- 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.