Mr C Gleed v MD Building Services Ltd: 1402001/2022
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 other complaints are not affected by this judgment. Employment Judge Cadney Date: 12 August 2022[1]By a letter dated 28th July 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of failure to pay a redundancy payment should not be struck out because• the claimant lacks the relevant service to raise such a complaint.[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 failure to pay a redundancy payment is therefore struck out.[3]The claimant’s remaining claims remain. Employment Judge Cadney Date: 12 August 2022[1]The Claimant’s application to postpone the hearing is refused.[2]No Claims are well-founded and, accordingly, all claims are dismissed.