Automated Summary
Key Facts
The Employment Tribunal ruled that Mr. Joseph Melia's claim of unfair dismissal against Hextransforma Healthcare Limited was struck out due to insufficient employment duration (less than two years), as required by Section 108 of the Employment Rights Act 1996. The case number is 1401110/2021, and the judgment was issued on 2021-08-19. The claim for breach of contract remains active for a hearing.
Transaction Type
Breach of contract
Issues
The tribunal struck out the claimant's unfair dismissal complaint because he had less than two years of service with the respondent, failing to meet the minimum eligibility requirement under Section 108 of the Employment Rights Act 1996. The claim for breach of contract remains active.
Holdings
The complaint that the Claimant was unfairly dismissed is struck out. The claim for breach of contract will proceed to a hearing.
Remedies
The claim for breach of contract will proceed to a hearing.
Legal Principles
The tribunal applied Section 108 of the Employment Rights Act 1996, which requires a claimant to have at least two years of service to bring an unfair dismissal claim. Since the claimant was employed for less than two years, the complaint was struck out.
Cited Statute
Employment Rights Act 1996
Judge Name
Siddall
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 respondent for less than two years.
- Accordingly, the complaint of unfair dismissal is struck out. The claimant's other complaints are not affected by this judgment.