Ms J Darlington v Food 4 Retail & Vending Services Ltd: 2405836/2020
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 Phil Allen Date: 1 September 2020[1]All claims of the claimant are dismissed as having no reasonable prospect of success and the claims have not been actively pursued.[2]No further order direction or judgment need be made.[1]The claimant has already received a judgement striking out her unfair dismissal claim on the basis that she does not have two years’ service with the respondent company and consequently the tribunal had no jurisdiction to deal with that claim.[2]The hearing this morning was to establish what other claims the claimant has. The claimant did not attend the hearing on the telephone. Mr Griffiths, representing the respondents, did. Case No. 2405836/20 2[3]On the face of the claimant’s claim form there are no other issues to be dealt with and consequently I dismissed all claims, whatever they may be. This litigation stops with this judgment. Employment Judge Robinson 25 November 2020