Mr A Mitchell v BSL Systems Ltd: 2403297/2020
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 Dunlop Date: 18 June 2020 Case No: 2403297/2020[1]Rule 37 of the Employment Tribunal Rules of Procedure 2013 gives tribunals the power to strike out a claim that has not been actively pursued.[2]By letter dated 2 November 2020 the tribunal indicated that the claimant appeared not to have been pursuing his claim and that it was at risk of being struck out. The letter gave the claimant the opportunity to make representations in writing or to request a hearing.[3]The claimant replied on 3 November 2020 stating, “…let sleeping dogs lay” and “You won’t be hearing from me again so close the case if you want to…” The claim is therefore struck out.