Miss K JefferiesClaimantCurrys Group LTDRespondent
Before
Employment Judge Hutchinson DatedDate 1 November 2022
JUDGMENT
The complaint of Unfair Dismissal is struck out.
REASONS
[1]By a letter dated 22 September 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out because the claimant has less than 2 years’ service and therefore, cannot make a claim under section 108 Employment Rights Act 1996.[2]The claimant has failed to any sufficient representations, why this should not be done. The letter from the claimant dated 27 September 2022 is acknowledged. The claimant’s claim in respect of constructive dismissal will be considered under the Equality Act 2010 and this will be discussed further at the case management hearing that will take place on 19 December 2022. The complaint of unfair dismissal under the Employment Rights Act 1996 is therefore struck out.[3]The claimant’s remaining claims remain listed for hearing on December 2022.