Miss D Cook v Edinburgh Woollen Mill (Head Office): 2406396/2020
EMPLOYMENT TRIBUNALS
Case No 2406396/2020
Between
Miss D CookClaimantEdinburgh Woollen Mill (Head Office)Respondent
Before
Employment Judge SlaterDate 18 March 2022
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 Slater Date: 26 August 2020[1]The respondent company is in Administration. Neither the consent of the Administrator nor the permission of the court has been obtained for these proceedings to be instituted or continued as required by the Insolvency Act 1986.[2]On 23 February 2022, the Tribunal gave the claimant an opportunity to give written reasons why the claim should not be struck out as it had not been actively pursued. The claimant has failed to give an acceptable reason. The claim is therefore struck out.