Ms M Kennedy v We Buy Any Car Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4105194/2023 Ms M Kennedy Claimant We Buy Any Car Ltd Respondents

JUDGMENT The claim for unfair dismissal under s94 of the Employment Rights Act 1996 is struck out under rule 37 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on the grounds that it has no reasonable prospect of success in terms of rule 37(1)(a).

REASONS

1. The claimant lodged an ET1 raising a number of claims against the respondent. One of those claims was unfair dismissal under s94 of the Employment Rights Act 1996 (ERA).

2. It is not in dispute that 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) ERA. Further, the ET1 does not, on the face of it, plead a claim of “automatic” unfair dismissal for which the two year rule is disapplied.