Automated Summary
Key Facts
Case no: 1309245/2019. Claimant: Ms Ali. Respondent: Akaal Construction Ltd (in creditors voluntary liquidation). The claim for unfair dismissal was struck out because the claimant had less than two years of service, as required by Section 108 of the Employment Rights Act 1996. The remaining claim will proceed.
Issues
The claimant was employed for less than two years, which is the minimum service period required under Section 108 of the Employment Rights Act 1996 for an unfair dismissal claim. The court struck out the claim as the claimant failed to provide an acceptable reason for not meeting this requirement.
Holdings
The Employment Tribunal struck out the claimant's unfair dismissal complaint because she had less than two years of service, as required by Section 108 of the Employment Rights Act 1996, and failed to provide an acceptable reason to avoid dismissal.
Remedies
The claim is struck out due to the claimant's less than two years of service, making her ineligible to pursue the unfair dismissal complaint under Section 108 of the Employment Rights Act 1996.
Legal Principles
The court applied Section 108 of the Employment Rights Act 1996, which requires a claimant to have at least two years of service to pursue an unfair dismissal complaint. The claimant's employment duration fell short of this statutory requirement, leading to the dismissal being struck out.
Cited Statute
Employment Rights Act 1996
Judge Name
Harding
Passage Text
- The claim 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.