Mrs C Barbarino v Holiday Inn: 1800237/2022 and 1800253/2022
JUDGMENT
The complaints that the claimant was unfairly dismissed are struck out.REASONS
[1]The claimant complains of unfair dismissal in two claim forms which are very similar.[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 complaints of unfair dismissal are struck out.[7]The claimant’s complaints about unpaid wages proceed to a video hearing on 9 June 2022 unless earlier withdrawn.[1]By a letter dated 26 May 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not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• It has not been actively pursued.• The Claimant has been contacted on the 9th May 2022 where a reminder letter was issued to reply to the Tribunals letter dated 25 April 2022 asking for comments on the letter sent by the Respondents dated 7 April 2022.[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.[3]The hearing fixed for 9 June 2022 will not take place.