Mr W M Lewinski v Krispy Kreme UK Ltd: 2601672/2022

EMPLOYMENT TRIBUNALS
Case No 2601672/2022
Mr W M LewinskiClaimantKrispy Kreme U.K. LimitedRespondent
Employment Judge AdkinsonMr P Stolarek (instructed by lay representative) for claimantDate 8 February 2023

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 Adkinson Date: 28/10/2022 Case No 2601672.2022 Page 1 of 1 EMPLOYMENT TRIBUNALS Claimant: Mr W M Lewinski Respondent: Krispy Kreme U.K. Limited Heard at: Leicester Hearing Centre, Kings Court, 5A New Walk, Leicester, LE1 6TE In private by telephone On: 21 November 2022 Before: Employment Judge Adkinson sitting alone Appearances For the claimant: Mr P Stolarek, lay representative For the respondent: *Barred from taking part*[1]All of the claimant’s claims are dismissed because the claimant has withdrawn their claim.[2]The following of the claimant’s claims are dismissed because the claimant has withdrawn them: 2.1. Disability discrimination 2.2. Harassment related to disability[3]This does not affect any of the other claimant’s claims or any orders made in respect of them. They shall be heard and decided in the normal way.