Mr E McClung v Doosan Babcock Ltd and others

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110538/2019 5 Held in Glasgow on 13 May 2022 Employment Judge L Wiseman 10 Mr E McClung Claimant In Person 15 Doosan Babcock Ltd First Respondent Written Representations 20 NRL Ltd Second Respondent Written Representations 25 Donald Ross Third Respondent Written Representations

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 30 The tribunal decided to strike out the complaint of unfair dismissal in terms of rule 37 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 because the claimant does not have two years’ qualifying service required to bring such a claim. 35

REASONS

1. The claimant presented a claim to the Employment Tribunal on the 2 September 2019 in which he complained of unfair dismissal and 4110538/2019 Page 2 discrimination because of religion or belief. The claimant noted on the claim form that his period of service was from 21 January 2019 to 7 June 2019.

2. An Employment Judge, during Initial Consideration, asked the claimant to explain the basis upon which he believed he could proceed with an unfair 5 dismissal claim when he did not have the qualifying service to do so. The issue was subsequently listed for a preliminary hearing on the 10 January 2020 to determine whether the claim of unfair dismissal should be struck out, failing which a depo...