Yu Energy Retail Ltd

Case Summary

The claimant with only six months continuous employment brought a claim of automatically unfair dismissal under Section 104 Employment Rights Act 1996 (dismissal for asserting statutory right), claiming entitlement to three months notice pay. The tribunal struck out the unfair dismissal claim as having no reasonable prospect of success, but allowed the breach of contract claim regarding notice pay to proceed to final hearing.

The tribunal struck out the automatically unfair dismissal claim because it had no reasonable prospect of success. The claimant failed to adequately identify what statutory right he was asserting, despite directions to provide further information about three emails he relied upon. The tribunal found inherent difficulties with the claim, and the claimant was largely unable to respond to the respondent's request for further detail at the preliminary hearing.

• •Whether claimant dismissed for asserting statutory right under Section 104 Employment Rights Act 1996
• •Whether claimant entitled to three months notice or statutory notice
• •Whether claimant has reasonable prospect of success on automatically unfair dismissal claim

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