Mr A Sousa v Eastcroft Nursing Home: 2301726/2021
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. The claimant has failed to respond to the strike out warning dated 26 May 2021.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Self Date: 31 March 2022 Case No: 2301726/2021 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mr A Sousa Respondent: Eastcroft Nursing Home[1]By letters dated 13 and 14 June 2022 the Tribunal warned the claimant that it was considering striking out the claim because he had not complied with Tribunal Orders and because the claim has not been actively pursued.[2]The claimant has failed to make representations in writing as to why this should not be done, or to request a hearing, despite having a reasonable opportunity to do so. The letter of 14 June 2022 invited a response within 14 days. No response has been received.[3]The claim is therefore struck out under Rule 37(1)(c) and (d) of the Employment Tribunals Rules of Procedure.