Mr S Akhmedov v Cellcrypt Ltd: 2303363/2022
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. ________________________ Employment Judge Tsamados Date: 29 November 2022 Sent to the parties on Date: 7 December 2022 Case no. 2303363/2022 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr S Akhmedov v Cellcrypt Limited FINAL HEARING Heard at London South by CVP On: 16 March 2023 Before: Employment Judge Truscott KC Appearances: For the Claimant: in person For the Respondent: no appearance or representation[1]The claimant sought payment of his salary for June, July and August 2022. He informed the Tribunal that the sums due to him were paid in October 2022.[2]There being no sum due, the claim for payment was dismissed.[3]The claimant said that he wished to claim unfair dismissal. The Tribunal explained that his claim for unfair dismissal had been struck out by a decision sent on 7 December 2022 on the basis that he did not have sufficient qualifying period of employment. His claim form has his commencement date as 20 January 2022. The claimant said he had started work with the respondent in August 2010 and while he had taken a break in 2021, he had the qualifying period of employment. The Tribunal outlined the procedure and time limits for reconsideration and appeal against the decision striking out his unfair dismissal claim.