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1400467/2023Struck Out

Marks and Spencer’s

4 May 2023England & WalesEmployment Judge Cadney
GOV.UK

Case Summary

Employment Judge Cadney struck out the claim of unfair dismissal by Mrs H Kaur against Marks and Spencer’s due to insufficient service period.

Key Issues

  • Claimant's employment duration less than two years
  • Claimant failed to provide acceptable reason for complaint

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

Employment Judge Cadney struck out the claim of unfair dismissal by Mrs H Kaur against Marks and Spencer’s due to insuff

Decision Text

EMPLOYMENT TRIBUNALS Claimant: Mrs H Kaur Respondent: Marks and Spencer’s JUDGMENT The claim 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 make an unfair dismissal complaint. 3. The claimant was employed by the respondent for less than two years. 4. Therefore the claimant is not entitled to bring these proceedings. 5. The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out. 6. Accordingly, the claim is struck out. _____________________________ Employment Judge Cadney Date: 4 th May 2023 JUDGMENT SENT TO THE PARTIES ON 16 th May 2023 by Miss J Hopes FOR THE TRIBUNAL OFFICE

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Employer

Respondent

Marks and Spencer’s

Employer page →View all cases →

Case Details

Case Number
1400467/2023
Decision Date
04/05/2023
Published
26/05/2023
Jurisdiction
England & Wales
Judge
Employment Judge Cadney