Ms C White v Gold Recruitment Ltd: 2405205/2020
JUDGMENT
The complaints that the claimant was unfairly dismissed and about a redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and of a failure to provide a written statement of reasons for dismissal.[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]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make a complaint about a redundancy payment.[4]The claimant was employed by the respondent for less than two years. Therefore the claimant is not entitled to bring these complaints.[5]The claimant has 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 and about a redundancy payment are struck out. The claimant’s other complaints are not affected by this judgment. _____________________________ Employment Judge Batten Date: 28 January 2021 Case No: 2405205/2020[1]By a letter dated 19 January 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has not been actively pursued.[2]The claimant has failed to make representations in writing why this should not be done or to request a hearing. The claim is therefore struck out.