Mr M Fleming v RSK Transport Ltd: 1303130/2023
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 Edmonds Date: 26 March 2024 1.18 UDL length of service - strike out judgment -.part claim Case No: 1303130/2023 EMPLOYMENT TRIBUNALS Claimant: Mr. M Fleming Respondent: RSK Transport Limited Heard at: Midlands West On: 12 December 2024 Before: Employment Judge Faulkner (sitting alone) Representation: Claimant - did not attend Respondent - Ms. C Lewis (Registered Foreign Lawyer)[1]The Claimant did not attend the Hearing. He informed the Tribunal clerk by telephone that he did not intend to proceed with his Claim.[2]The oral judgment given at the Hearing was that the Claim would thus stand dismissed in its entirety on 2 January 2025 unless before then the Claimant wrote to the Tribunal setting out why the Claim should not be dismissed and a judge determined that doing so would not be in the interests of justice.[3]On 17 December 2024, the Claimant wrote to the Tribunal stating that he did not wish to continue with the Claim.[4]The Claim is therefore dismissed in its entirety upon withdrawal.