Mr A Latham and Mr M Latham v Mint Commercial and Healthcare Ltd: 2405146/2019 and 2405147/2019
JUDGMENT
The complaints that the claimants were unfairly dismissed are 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 claimants were employed by the respondent for less than two years.[4]Therefore, the claimants are not entitled to bring such a complaint.[5]The claimants have failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints should not be struck out.[6]Accordingly, the complaints of unfair dismissal are struck out. The claimants’ other complaints are not affected by this judgment. Employment Judge Holmes Date: 31 July 2019[1]By a letter dated 3 September 2019 the Tribunal gave the claimants an opportunity to make representations, or to request a hearing, as to why the claims should not be struck out because they have not been actively pursued.[2]The claimants have both failed to respond. Both claims are therefore struck out.[3]The hearing fixed for 12 September 2019 will not take place.