Mr S Winwood v P Little: 2418379/2020

EMPLOYMENT TRIBUNALS
Case No 2418379/2020
Mr S WinwoodClaimantPeter LittleRespondent
Employment Judge Phil AllenDate 6 April 2021

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.[1]By a letter dated 11 March 2021 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 because:  the claimant had not complied with Order 2 contained in the Tribunal’s letter dated 18 December 2020, despite the Tribunal’s letter of 11 February 2021; and  it has not been actively pursued.[2]The claimant has failed to make representations in writing why this should not be done or to request a hearing. The claim is therefore struck out.