Mr R Kerrigan v Aptus Utilities Ltd: 2411399/2019
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. Therefore the claimant is not entitled to bring such a complaint.[4]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.[5]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.[1]By a letter dated 3 April 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the remaining claim for notice pay should not be struck out because it has not been actively pursued.[2]The claimant has failed to make representations in writing as to why this should not be done or to request a hearing in order to do so. The claim is therefore struck out.