Mr R Bhandari v Flavour Max Indian Restaurant: 1403203/2018
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 2 March 2019 the 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;• The Claimant had not complied with the Order of the Tribunal dated 18 February 2019; and• It has not been actively pursued.[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.