Mr A McKenna v AMG Southern Services Ltd: 3201770/2018
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]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Case Number: 3201770/2018 2 Employment Judge Foxwell Date: 8 November 2018 Case No: 3201770/2018 6.3 Strike Out Judgment – claim – part - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mr A McKenna Respondent: AMG Southern Services Limited«resp_others»[1]By letters dated 31 January and 3 April 2019 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of disability should not be struck out because it• the claimant had not complied with the Order of the Tribunal dated 31 October 2018.• it has not been actively pursued.• it is no longer possible to have a fair hearing of the complaint of disability discrimination because the matter is not prepared due to the Claimant’s failure to comply with Tribunal orders.[2]The claimant has failed to make representations in writing, or has failed to make any such representation, why this should not be done or to request a hearing. The complaint of disability discrimination is therefore struck out.[3]The Hearing listed for the 17, 18, 19 and 23 July 2019 will be vacated and the parties are not required to attend court.