Mr J Humphreys v London Breads and Cake Co — 2021

The tribunal held that Mr J Humphreys’s unfair dismissal complaint could not proceed because section 108 of the Employment Rights Act 1996 requires at least two years’ service, and the tribunal found that he had been employed for less than two years. It also found that he had not given an acceptable reason, despite being given the opportunity, to avoid strike out. The complaint that he would have reached two years’ service but for dismissal while on furlough was rejected as not a valid reason for allowing the unfair dismissal claim to continue.

The judgment records that the claim form contained no other complaints. A later letter dated 18 February 2021, received by the tribunal service on 2 March 2021, sought to add breach of contract for failure to give notice and possibly deduction from wages. The tribunal refused that amendment because it would introduce new allegations, the proposed arrears claim was not properly particularised, and the timing indicated that any such claims were already out of time before ACAS early conciliation began. The tribunal referred to the reasonable practicability test and concluded that, on balance, there would be greater hardship and injustice to the respondent if the amendment were allowed than to the claimant if it were refused.

The judgment therefore states that the complaint of unfair dismissal was struck out and, because the amendment was refused, the entire claim was struck out.