Mr A A Mohamed v The Best Connection Employment Group Ltd: 2410000/2019
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 19 November 2019 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.[2]The claimant brought complaints of unfair dismissal and race discrimination.[3]The proposal to strike out the complaint of unfair dismissal was because it appeared that the claimant had been employed for less than two years.[4]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. The claimant was employed by the respondent for less than two years. Therefore, the claimant is not entitled to bring these proceedings.[5]The proposal to strike out the complaint of race discrimination was because the complaint had not been actively pursued, in that the claimant failed to attend a preliminary hearing on 15 November 2019, and also that the complaint had no reasonable prospect of success, in that the details in the claim form gave no information on the basis of which a tribunal could conclude that he was subjected to unlawful race discrimination by the respondent. Case No: 2410000/2019[6]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why the complaints of unfair dismissal and race discrimination should not be struck out or to request a hearing. The claim is, therefore, struck out.