Mr A Matthew v Rock Compliance Ltd: 1308665/2023
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 bring the type of unfair dismissal complaint he appears to be bringing.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring his unfair dismissal 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, including any complaint that his dismissal was an act of discrimination, are not affected by this judgment. Employment Judge Camp Date: 24 April 2024 Case Number: 1308665/2023 EMPLOYMENT TRIBUNALS Claimant: Mr A Matthews Respondent: Rock Compliance Limited[1]By a letter dated 10th September 2024 and orders dated 10th September 2024 & 3rd October 2024, the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because:1.1 the claimant had not complied with the Order of the Tribunal / direction of the following dates – 19th December 2023 (a direction to complete a case management agenda), 17th April 2024 (orders to provide information and documentation relating to disability), 24th April 2024 (orders to provide information clarifying his claim; a ‘chaser’ letter was sent on 22nd August 2024 and was also not responded to), Employment Judge Camp’s order’s dated 10th September 2024, and Tribunal letter dated 10th September 2024, strike out warning, & further copy of Employment Judge Camp’s orders which was sent out to the parties on 3rd October 2024.1.2 it has not been actively pursued, in that the above orders and direction were not complied with, the Claimant has not been in contact with the Tribunal or the Respondent since he presented his claim form in December 2023, and without warning or explanation has failed to phone into the Preliminary Hearing which took place on 6th September 2024.1.3 The manner in which the proceedings have been conducted by the Claimant – as described in paragraphs 1.1 and 1.2 above – have been unreasonable and in breach of the overriding objective in Rule 3 of the Employment Tribunal Procedure Rules 2024.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.[3]The hearing fixed for 16th January 2025 is therefore vacated/cancelled. Approved by: