Mr A O'Connor v EE Ltd: 1403340/2019
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 (of disability discrimination) are not affected by this judgment. ________________________ Employment Judge Goraj 16 September 2019 Case No: 1403340/2019 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mr A O'Connor Respondent: EE Limited[1]By the Case Management Order dated 21 January 2020 the Tribunal gave the Claimant an opportunity to make representations, as to why the Claimant’s complaint of disability discrimination on the grounds of his failure to actively pursue his claim/comply with the directions of the Tribunal (regarding his attendance at the Case Management Preliminary Hearing) by 14 February 2020 and why his complaint should not be struck out because: The Claimant had not complied with the Order of the Tribunal dated 21 January 2020 it has not been actively pursued.[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 claim is therefore struck out.