Automated Summary
Key Facts
Miss M Parkinson (claimant) was employed by Home Attire Limited (respondent) for less than two years. Under Section 108 of the Employment Rights Act 1996, a claimant must have at least two years of service to pursue an unfair dismissal complaint. The claimant's unfair dismissal claim was struck out because she did not meet this service requirement. The claimant was given an opportunity to provide an acceptable reason for the claim but failed to do so. The judgment was issued by Employment Judge Sherratt on 2018-05-08, with the decision to strike out the unfair dismissal claim while leaving other complaints unaffected.
Issues
The claimant's eligibility to bring an unfair dismissal claim was determined based on her employment duration under Section 108 of the Employment Rights Act 1996.
Holdings
The claimant's complaint of unfair dismissal was struck out because she had less than two years of service, as required by Section 108 of the Employment Rights Act 1996.
Remedies
The claimant's unfair dismissal complaint was struck out due to insufficient service period (less than two years), as per Section 108 of the Employment Rights Act 1996. The other complaints remain unaffected.
Legal Principles
Under Section 108 of the Employment Rights Act 1996, employees must have a minimum of two years' continuous service to pursue an unfair dismissal claim. The claimant, having been employed for less than two years, was deemed ineligible to bring such a complaint, leading to its dismissal under this statutory requirement.
Cited Statute
Employment Rights Act 1996
Judge Name
Employment Judge Sherratt
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.