Miss M Hudd v CMOstores.com: 1402198/2022
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 Rayner Date: 25 July 2022[1]The Claimant failed to respond to the Respondent’s application which she was copied into on 9 August. She failed to respond to the Tribunal’s emails of 19 and 31 August.[2]The claim has not been actively pursued and the Claimant has failed to comply with Tribunal requests and directions. It has no reasonable prospects of success for the reasons set out in the Respondent’s application, which have gone unchallenged.[3]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 claim is therefore struck out.