Mr O Pilarski v Alpine4Care Services: 1304229/2024
JUDGMENT
The entire claim is struck out.REASONS
[1]The claimant’s only discernible complaint that the Tribunal might have the power to deal with is an unfair dismissal complaint.[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, unless the claimant is making one of a number of special types of unfair dismissal complaint, which Mr Pilarski doesn’t seem to be.[3]The claimant was employed by the respondent for less than two years. He is therefore not entitled to bring his claim.[4]By a letter of 17 April 2024, the claimant was warned that her claim was liable to be struck out because he did not have two years’ service with the respondent. In response to that letter he has failed to give an acceptable reason, or any reason, why the claim should not be struck out, despite being given the opportunity to do so.[5]Accordingly, the claim is struck out, on the basis that it has no reasonable prospects of success and that it would not be in the interests of justice for the Tribunal to deal with a claim that was bound to fail.