Mr C Paterson v Abbey Metal Recycling Ltd: 1402008/2021

EMPLOYMENT TRIBUNALS
Case No 1402008/2021
Mr C PatersonClaimantAbbey Metal Recycling LtdRespondent
Employment Judge Pirani DateDate 14 January 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.[1]By a letter dated 22 December 2021, 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 and the Claimant has not responded to correspondence.[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.[4]The hearing fixed for 14 April 2022 will not take place.