Mr C Blair v Heritage Automotive Ltd: 1400150/2022
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]By a letter dated 3 February 2022 the Tribunal gave the Claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out because;[1]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.[2]The Claimant was employed by the Respondent for less than two years.[3]Therefore, the Claimant is not entitled to bring such a complaint.[4]The Claimant has failed to give an acceptable reason, despite being given the opportunity to do so following the letter from the Tribunal dated 3 February 2022, why the complaint should not be struck out.[5]Accordingly, the complaint of unfair dismissal is struck out. The Claimant’s other complaints are not affected by this judgment. 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 complaint of unfair dismissal is therefore struck out. Employment Judge Livesey Date: 7 April 2022 Judgment sent to parties: 19 April 2022 FOR THE TRIBUNAL OFFICE Case No: 1400150/2022 EMPLOYMENT TRIBUNALS Claimant: Christian Blair Respondent: Heritage Automotive Limited Heard at: Bristol ET via VHS On: 21 October 2022 Before: Employment Judge G. King Representation Claimant: In person Respondent: Mr. Paul Johnson[1]The claim in respect of Breach of Contract regarding notice pay is dismissed by reason of withdrawal.[2]The claim in respect of unpaid wages in respect of arrears of wages is not well founded and that claim is dismissed.[3]The claim in respect of unpaid wages in respect of commission is not well founded and that claim is dismissed.