Miss R Begum v Boots Opticians Recruitment Team: 1804895/2021
JUDGMENT
The claim is struck out.REASONS
[1]The claimant complains of unfair dismissal and breach of contract.[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]Article 3 (c) of the Employment Tribunals Extension of Jurisdiction Order (England and Wales) 1994 provides that a breach of contract claim may only be brought in the tribunal if it arises of or is outstanding on termination of the employee’s contract.[5]There was no contract of employment in existence, upon termination of which this claim could have arisen, but the Claimant has in any event been paid the equivalent of 1 weeks’ notice.[6]Therefore, the claimant is not entitled to bring such complaints.[7]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so in a letter dated 13th October 2021, why the complaints should not be struck out.[8]The Claimant has also failed to respond to the Tribunal’s letter dated 29th October 2021.[9]The claim is not being actively pursued[10]Accordingly, the complaints are struck out.