Practice and Procedure
The claim form which alleged unfair dismissal contained an indication of a claim of unfair dismissal pursuant to section 103A Employment Rights Act 1996 (ERA). The strike out was made on the basis that the Appellant had insufficient continuity of employment to pursue an unfair dismissal claim. This was correct in respect of the claim insofar as it related to a claim of unfair dismissal pursuant to section 94 ERA, because of the restriction in section 108(1) ERA. However, that was not the case in respect of a claim pursuant to section 103A which is made an exception to section 108(1) in section 108(3) ERA. The claim was remitted to the employment tribunal to process the claim, which was struck out before the provision of a response.
Judges:
His Honour Judge Beard
Citations:
[2022] EAT 134
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 November 2022; Ref: scu.682474