Mrs T Johnson v Wigan Council: 2405324/2020
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 Horne Date: 1 July 2020 Case No: 2405324/2020 1.18 UDL – length of service - strike out judgment -.part claim[1]By a letter dated 1 December 2020 the Tribunal converted the private preliminary hearing listed for 3 December 2020 into a public hearing to consider whether the claimant’s claim of breach of contract, being her only remaining claim, should be struck out. The claimant did not attend the hearing.[2]Having reviewed the Tribunal file, the claimant has failed to actively pursue her claim. She has previously been the subject of an Unless Order which resulted in her providing a list of the claims she intended bringing. The only claim listed that the Tribunal has jurisdiction to consider is that of breach of contract.[3]On 31 October 2020 she was ordered to provide particulars of her breach of contract claim. She did not do so. Her explanation by an email was that her papers were with a firm of solicitors and she was unable to access them. This does not prevent her attending the hearing today to explain the basis of her claim to the Tribunal but she has not taken that opportunity.[4]The claim is therefore struck out on the grounds that the claimant has not complied with the Order of the Tribunal dated 31 October 2020 and that the claim has not been actively pursued. Case No:2405324/2020