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2409042/2020Struck Out

Ofsted

12 August 2020England & WalesEmployment Judge Batten
GOV.UK

Case Summary

The claimant's unfair dismissal complaint was struck out as she had less than two years of employment with the respondent.

Key Issues

  • two years' service required for unfair dismissal complaint

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

The claimant's unfair dismissal complaint was struck out as she had less than two years

Decision Text

Case No. 2409042/2020 1 EMPLOYMENT TRIBUNALS Claimant: Dr S Patel Respondent: Ofsted JUDGMENT The complaint that the claimant was unfairly dismissed is struck out. REASONS 1. The claimant complains of unfair dismissal. 2. Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to present an unfair dismissal complaint. 3. The claimant was employed by the respondent for less than two years. Therefore, the claimant is not entitled to bring such a complaint. 4. The claimant has acknowledged, by her representative’s email dated 30 July 2020, that the complaint of unfair dismissal should be struck out. Accordingly, the complaint of unfair dismissal is struck out. 5. The claimant’s other complaints are not affected by this Judgment. Employment Judge Batten 12 August 2020 JUDGMENT SENT TO THE PARTIES ON 17 September 2020 FOR THE TRIBUNAL OFFICE

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Employer

Case Details

Case Number
2409042/2020
Tribunal
Employment Tribunal
Level
First instance
Decision Date
12/08/2020
Published
24/09/2020
Jurisdiction
England & Wales
Judge
Employment Judge Batten