Miss D Desewu v M Wanjiru: 1805150/2021
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 are not affected by this judgment. Employment Judge JM Wade Date: 25 November 2021[1]By a letter dated 6 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 it had not been actively pursued. She had failed to reply to the Tribunal’s letters of 29 October 2021 and 6 December 2021 about the identity of her employer and address for service.[2]The claimant has not replied and has not requested a hearing at which to make representations. The claim is therefore struck out.