Mr H Krayem v Mitie Ltd: 2302576/2019
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]According to the ET1, the claimant was employed by the respondent for less than two years.[4]The respondent had informed the claimant of its application to strike out his unfair dismissal claim for this reason. There was no suggestion from the claimant that there was any reason why the tribunal had the power to consider his unfair dismissal complaint.[5]Therefore, the claimant is not entitled to bring such a complaint.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaint, of sex discrimination, is not affected by this judgment. Employment Judge Nash Date: 21 November 2019 Case Number:2302576/2019 1.18 UDL – length of service - strike out judgment -.part claim Case No:2302576/2019 EMPLOYMENT TRIBUNALS Claimant: Mr H Krayem Respondent: Mitie[1]By a letter dated 15th July 2020 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• the claimant had not complied with the Order of the Tribunal dated 21st November 2019• it has not been actively pursued.[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 1st March 2021 will not take place.