Ms L Calienda v James Danahan: 1401298/2019
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 other complaints are not affected by this judgment.[1]By a letter dated 10 January 2020 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: the claimant did not attend the hearing on the 10 December 2019. the claimant has not complied with the Order made on the 10 December 2019 requiring an explanation for non-attendance the claim has not been actively pursued.[2]The claimant has failed to make representations in writing why this should not be done or to request a hearing. The claim is therefore struck out.[3]The hearing fixed for 17 April 2020 will not take place.