The Range

Case Summary

The claim of unfair dismissal was struck out due to the lack of two years' continuous employment. The race discrimination claim will proceed.

The unfair dismissal claim was struck out because the claimant did not have two years of continuous employment, which is the statutory qualifying period required for unfair dismissal claims under the Employment Rights Act 1996.

• •two years’ service requirement for unfair dismissal
• •race discrimination claim can proceed

Case No:1807567/2019 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mrs M Murray Respondent: The Range JUDGMENT The claim is struck out. REASONS 1. By a letter dated 09 January 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim of unfair dismissal should not be struck out because the Claimant does not have two years’ service. 2. The Claimant can pursue a complaint that her dismissal was an act of race discrimination. However, a claim for unfair dismissal is distinct from that and requires a Claimant to have been continuously employed for two years. Dismissal being alleged to be because of race is not a reason which removes the requirement for two years’ service. The claim of unfair dismissal is therefore struck out. 4. The hearing fixed for 28 th February 2020 will proceed in respect of the Claimant’s claims of race discrimination. Employment Judge Maidment Dated: 29 th January 2020 JUDGMENT SENT TO THE PARTIES ON Dated: 31 st January 2020