Mr R Dubery v Cambian Childcare Ltd: 1400900/2022
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 remaining complaint of sex discrimination is not affected by this judgment. Employment Judge Goraj Dated 7 December 2022 Judgment sent to the parties: 23 December 2022 FOR THE TRIBUNAL OFFICE Case Number: 1400900/2022 EMPLOYMENT TRIBUNALS Claimant: Mr R A Dubery Respondent: Cambian Childcare Limited[1]By a letter dated 22nd of December 2022 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:• It has not been actively pursued.[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 the 15th of February 2023 will not take place.