Employment Judge ShotterNot in attendance for claimantMs Cartlidge (instructed by solicitor) for respondentMr A McMillan - counsel for respondentDate 14 January 2022
JUDGMENT
[1]The Judgment of the Tribunal is that: 1. The claimant commenced his employment on the 28 February 2019 and the effective date of termination was 27 October 2020. The claimant does not have sufficient continuity of employment to bring a complaint of constructive unfair dismissal under section 94 and 95(c) of the Employment Rights Act 1996. The Tribunal does not have the jurisdiction to consider the complaint which is dismissed. Employment Judge DATE: 17 November 2021[2]JUDGMENT SENT TO THE PARTIES ON DATE: 22 November 2021 FOR THE TRIBUNAL OFFICE[3]Case No:2418414/2020 EMPLOYMENT TRIBUNALS Claimant: Mr J Kerr Respondent: Asda Stores Limited Heard at: Liverpool (in private; by telephone) On: 14 January 2022 Before: Employment Judge Benson (sitting alone) Representatives For the claimant: Not in attendance For the respondent: Mr A McMillan - counsel
REASONS
[1]The claimant’s complaint was issued on the 26 November 2020, and it has not progressed directly as a result of the claimant failing to attend three preliminary hearings. The claimant was aware from the Tribunal’s letter of 22 November 2021 and enclosed Strike Out Warning and note of the case management hearing of 17 November 2021 that he was expected to attend today’s hearing to progress matters and explain why he had not attended the previous preliminary hearings. He has not attended the hearing today, nor has he complied with the orders made by Tribunal, and no explanation has been given. The claimant was warned that he was in grave danger of having his claims struck out if he did not comply with the case management orders and attend today’s hearing. The claim has not been actively pursued and is struck out.