Mr. Giovanni Larocca v Morgan Sindall Property Services Ltd. Hearing: Open Preliminary Hearing — 2024

The Claimant presented a claim of unfair dismissal under ss.94-98 Employment Rights Act 1996. At the open preliminary hearing on 27 February 2024, Employment Judge Tinnion heard from the Respondent, represented by Ms. N. Davies, while the Claimant did not attend or was not represented.

The tribunal noted that the Claimant’s ET1 stated he had been employed from 12 September 2022 until 4 September 2023, and the Respondent’s ET3 agreed with those dates. On that basis, the parties were agreed that the employment lasted less than two years. The tribunal recorded that the Claimant therefore could not satisfy the qualifying period needed for the unfair dismissal claim to succeed.

The unfair dismissal claim was struck out under Rule 37(1)(a) because it had no reasonable prospect of success. No monetary remedy was awarded or assessed.