Mr L Fenton v Asda Stores Ltd: 2304976/2022
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 Martin Date: 1 June 2023 Case No:2304976/2022 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mr Lee Fenton Respondent: Asda Stores Ltd[1]By a letter dated 1 June 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 dated 15 March 2023; and• it has not been actively pursued.[2]The claimant has failed to make representations in writing as to why this should not be done.[3]The claimant also failed to attend the preliminary hearing on 11 August 2023.[4]The claim is therefore struck out. Case No:2304976/2022 6.2 Strike out Judgment – claim - rule 37