Mr T Smale v Elis UK Ltd: 1404005/2021
JUDGMENT
The complaint of Unfair Dismissal 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 following the letter from the Tribunal dated 08 November 2021, 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 17 January 2022 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 29 December 2021. 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.