Mr J Donnelly v Global Student Accomodation: 2604348/2020
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]One of the claimant’s complaints is unfair dismissal.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have had not less than two years service with the respondent to make most kinds of unfair dismissal complaint. The claimant’s unfair dismissal complaint is not of a kind that he can make without two years service.[3]The claimant was employed by the respondent for less than two years. Therefore, he is not entitled to bring his unfair dismissal complaint.[4]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the unfair dismissal complaint should not be struck out.[5]Accordingly, the unfair dismissal complaint is struck out, on the basis that it has no reasonable prospects of success.[6]The claimant’s wrongful dismissal / notice pay complaint is not affected. There will be a 2 hour final hearing to deal with that complaint. A notice of hearing and some case management orders will follow separately. Employment Judge Camp Decision date: 16 March 2021 Case Number: 2604348/2020 EMPLOYMENT TRIBUNALS Claimant: Mr J Donnelly Respondent: Global Student Accommodation UK Limited[1]By a letter dated 4 May 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• 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. 12/7/2021