Mr K Sharpe v G Ryan: 1301174/2022

EMPLOYMENT TRIBUNALS
Case No 1301174/2022
Mr K SharpeClaimantGary RyanRespondent
Employment Judge WoffendenNot represented for claimantNot represented for respondentDate 7 October 2022

JUDGMENT

The complaint that the claimant was unfairly dismissed is struck out.

REASONS

[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make an unfair dismissal complaint.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such a complaint.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Woffenden 7 April 2022 Case No: 1301174/2022 EMPLOYMENT TRIBUNALS Claimant: Kevin Sharpe Respondent: Midlands Site Services Ltd Heard at: Birmingham ET (via CVP) On: 7 October 2022 Before: EJ Boyle Representation Claimant: no attendance Respondent: no attendance[1]The Claimant’s claim is dismissed in accordance with r47 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 Schedule 1, as the claimant failed to attend or to be represented at the hearing.[2]The Tribunal considered any information which was available to it regarding the Claimant’s absence and made enquiries about the reasons for the party’s absence before making its decision.