Mr Z Mahmood v C Faizal T/a German Doner Kebab: 2412063/2023 and 2401592/2024
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: 26 June 2024[1]By letters dated 30 July 2024 and 23 September 2024, the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claims should not be struck out because• they have not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claims are therefore struck out.