Mr A Ulici v Vapess Two U Ltd: 1400930/2025
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. Approved by Employment Judge Rayner Date: 9 June 2025[1]The Tribunal wrote to the respondent on 28 October 2025 warning them that the Tribunal was considering striking out the response. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that• the respondent had not complied with the Order of the Tribunal dated 06 October 2025 and;• The response has not been actively pursued.[2]The letter gave the respondent an opportunity to explain why the response should not be struck out, or to request a hearing at which to do so. The respondent has not replied.[3]I am satisfied that the grounds for striking out the response under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the response.[4]The response is therefore struck out. The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Approved by: