Miss M Pah v Mr R Sherwood and K Hussain: 2603111/2022
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 (the “2-year rule”).[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]In her reply of 26 January 2023 claimant has failed to identify any of the exceptions to the 2-year rule.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. _____________________________ Employment Judge Ahmed Date: 6 February 2023[1]By a letter dated 28 March 2023 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 it• it has no reasonable prospect of success.[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 complaint of unfair dismissal is therefore struck out.[3]The claimant’s remaining claims remains listed for hearing on 05 August 2024, 06 August 2024 and 07 August 2024. ____________________ Employment Judge Victoria Butler Date 3/5/2023 FOR THE TRIBUNAL OFFICE Case Number: 2603111/2022 EMPLOYMENT TRIBUNALS Claimant: Miss M Pah Respondent: Rob Sherwood[1]By a letter dated 6 December 2023 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 the Order of the Tribunal dated 20 March 2023• it has 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 claim is therefore struck out.[3]The hearing fixed for 5 August 2024 will not take place.