Automated Summary
Key Facts
The claimant was dismissed by Knightsbridge property services but his unfair dismissal complaint was struck out due to less than two years of service, as required by Section 108 of the Employment Rights Act 1996. Other complaints remain unaffected.
Issues
The court considered whether the claimant, Mr. D Banfield, had the required two years of service under Section 108 of the Employment Rights Act 1996 to bring an unfair dismissal claim. The claimant was employed for less than two years, and thus was not entitled to make such a complaint, leading to the dismissal of this specific claim.
Holdings
The claimant's complaint of unfair dismissal was struck out because he was employed for less than two years, failing to meet the requirement under Section 108 of the Employment Rights Act 1996. The claimant did not provide an acceptable reason to justify retaining the complaint despite being given the opportunity to do so.
Remedies
The claim for unfair dismissal is struck out. The claimant's other complaints are not affected by this judgment.
Legal Principles
The claimant must have at least two years of service to bring an unfair dismissal complaint under Section 108 of the Employment Rights Act 1996. The claimant's employment duration was less than two years, disqualifying the claim.
Cited Statute
Employment Rights Act 1996
Judge Name
Leith
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.
- The complaint of unfair dismissal is struck out. The claimant's other complaints are not affected by this judgment.