Mr A Williams v Ontrak Recruitment and Training: 2303222/2022
JUDGMENT
The complaint of Unfair Dismissal is struck out.REASONS
[1]By a letter dated 07 November 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of Unfair Dismissal should not be struck out because• The claimant did not have the qualifying two years’ service under section 108 of the Employment Rights Act 1996 or any exceptional circumstances that provide for an exemption to the qualifying service period.[2]The claimant has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of Unfair Dismissal is therefore struck out.[3]The Tribunal will provide a notice of hearing for the claimant’s remaining claims in due course.[1]By a letter dated 27 February 2023 the Tribunal gave the claimant an opportunity to make representations as to why the claim should not be struck out because• the claimant had not complied with the Order of the Tribunal.• it has not been actively pursued.[2]The claimant has failed to make representations in writing. He has not actively pursued his claim and has failed to comply with a Tribunal Order.[1]The claimant failed to attend a hearing on 27 February 2023 and was sent a strike out warning by Employment Judge Webster asking him, on or before 1 March 2023:a. To send to the Tribunal and the respondent evidence of his medical appointment; andb. An explanation as to why he did not attend the hearing, including an explanation of why he told the clerk on the phone he would attend but then failed to do so.[2]Nothing was received by the Tribunal on or before 1 March 2023.[3]On 2 March the claimant sent in an email explaining that he could not attend because he had a hospital appointment and then, when he tried to call in it would only let him use the video, which he didn’t think was suitable as he was on public transport.[4]The claimant did not comply with the orders set by Employment Judge Webster in that he failed to provide any medical evidence of the appointment and failed to respond in time.