Employment Tribunals

Case Number: 1304284/2024 EMPLOYMENT TRIBUNALS Claimant: Mr M Douglas Respondent: Surface Processing Solutions 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 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 such a complaint. 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 complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Approved by Employment Judge Meichen Date: 12 March 2025 JUDGMENT SENT TO THE PARTIES ON ........14 March 2025.............................. .........Tahrin Begum............................... FOR THE TRIBUNAL OFFICE Case No: 1304284/2024 1 EMPLOYMENT TRIBUNALS Claimant: Mr M Douglas Respondent: Surface Processing Solutions Limited Heard at: Midlands West (by Cloud Video Platform) On: 25 March 2025 Before: Employment Judge Faulkner (sitting alone) Representation: Claimant - in person Respondent - Miss C Moore (Solicitor) PUBLIC PRELIMINARY HEARING - JUDGMENT 1. The Respondent’s application to strike out the Claimant’s complaint of breach of contract (wrongful dismissal) on the basis that it has no reasonable prospect of success is refused. 2. The Respondent’s application for a deposit order in respect of the same complaint on the basis that it has little reasonable prospect of success is also refused. 3. The complaint will be determined at a Final Hearing, details of which have been notified to the parties separately. Note: This was a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was video. Employment Judge Faulkner Approved on: 27 March 2025 Case No: 1304284/2024 2 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employmenttribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case. Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practicedirections/