Mr O Olayinka v Duval Eye: 2300731/2021
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 Balogun Date: 21 September 2021 Sent to the parties on Date: 22 September 2021 Case Number: 2300731/2021 THE EMPLOYMENT TRIBUNAL BETWEEN: Mr O Olayinka Claimant and Duval Eye Respondent[1]On 21 September 2021 the Tribunal wrote to the claimant asking him for a detailed calculation of loss for his holiday pay claim (the only remaining claim before the Tribunal - the claim of unfair dismissal having been struck out). No reply was received.[2]On 15 March 2022 the Tribunal wrote to the claimant informing him that he should respond to the Tribunal’s letter dated 21 September 2021 within 7 days otherwise consideration would be given to striking out the claim because it is not being actively pursued. No reply has been received from the claimant.[4]The claim is struck out as it is not being actively pursued.