Mr S Goodfellow v Martin’s Building Services

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106846/2023 5 Employment Judge P O’Donnell Mr Shaun Goodfellow Claimant 10 Martin’s Building Services Respondent

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The judgment of the Employment Tribunal is that the claim is struck out under Rule 15 37(1)(a) of the Tribunal Rules of Procedure as it has no reasonable prospects of success.

REASONS

1. The claimant has brought a claim of unfair dismissal under s94 of the Employment Rights Act 1996. 20 2. The claimant does not have the two years’ service which is normally required for the Tribunal to hear a claim of unfair dismissal in terms section 108(1) of the Employment Rights Act 1996. Further, the ET1 does not plead a claim of “automatic” unfair dismissal for which the two year rule i...

3. The Tribunal wrote to the claimant by letter dated 15 December 2023 warning 25 him that it was considering striking out the claim under Rule 37(1)(a) on the basis that the claim had no reasonable prospects of success, specifically that the Tribunal did not have jurisdiction to hear the claim in light of the fact that the claimant did not have two years’ service.