Mr K Wilkinson v B&Q Distribution Centre: 1401554/2020

EMPLOYMENT TRIBUNALS
Case No 1401554/2020
Mr K WilkinsonClaimantB & Q Distribution CentreRespondent
Employment Judge LiveseyDate 29 September 2020

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 and is not, therefore, entitled to bring such a complaint.[4]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.[5]Accordingly, the complaint of unfair dismissal is struck out.[6]The Claimant’s other complaints are not affected by this judgment. ______________________ Employment Judge Livesey Date: 27 April 2020 ………………………………… Case No: 1401554/2020 EMPLOYMENT TRIBUNALS Claimant: Mr K Wilkinson Respondent: Wincanton Group Limited[1]By a letter dated 5 September 2020, the Tribunal gave the Claimant an opportunity to make representations as to why the claim should not have been struck out because he had not complied with the Order of the Tribunal dated 3 June 2020 and had not actively pursued his claim.[2]The Claimant has failed to make any or any sufficient 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 26 November 2020 will not take place.