Miss J Capewell v Hays Travel: 1405280/2020
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]The claimant complains of unfair dismissal .[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 and/or constructive 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]By a letter dated 25 January 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out because: the claimant was not employed by the respondent for two years or more, and is therefore not entitled to bring a complaint of unfair dismissal.[6]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 complaint of unfair dismissal is therefore struck out.[7]The claimant’s remaining claims are unaffected by this judgment. Employment Judge Bax Date: 26 May 2021 Judgment sent to the Parties: 28 May 2021 FOR THE TRIBUNAL OFFICE Case No: 1405280/2020 EMPLOYMENT TRIBUNALS Claimant: Ms Jasmine Capewell Respondent: Hays Travel Limited Heard at: Bristol Employment Tribunal by VHS video On: 15 October 2021 Before: Employment Judge Millard Representation Claimant: In-person Respondent: Mrs Chinhengo (solicitor)