Mr T Kurdykowski and others v Safe Transport (South West) Ltd: 1403146/2018 and others
JUDGMENT
The complaints that the claimants were unfairly dismissed are 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 claimants were employed by the respondent for less than two years.[4]Therefore the claimants are not entitled to bring such a complaint.[5]The claimants have failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints should not be struck out.[6]Accordingly, the complaints of unfair dismissal are struck out. The claimants’ other complaints are not affected by this judgment.[7]The case remains as listed for 2 days on 13 and 14 February 2019. The listing will be reviewed on receipt of the response form. ________________________ Dated: 14 September 2018 Case no: 1403146/2018 1403147/2018 1403148/2018 1.18 UDL – length of service - strike out judgment -.part claim[1]By a letter dated 29th November 2018 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because: the respondent had not replied to the Tribunal’s letters dated 1st & 19th November 2018. it has not been actively pursued.[2]The respondent 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 response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Regional Employment Judge Pirani Date: 13 December 2018 Case Number 1403146/2018 1403147/2018 1403148/2018 EMPLOYMENT TRIBUNALS Claimants Mr T Kurdykowski Mr P Nachev Mrs M Kurdykowska Respondent Safe Transport (South West) Ltd Heard at: Bristol On: 14 February 2019 Employment Judge: M Street Representation Claimant: Mr P Nachev Respondent: Response struck out