Mr N Tozer v Rose of Colchester Ltd: 3206064/2021
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. Regional Employment Judge Taylor 17 February 2022 Case Number: 3206064/2021 1 CE EMPLOYMENT TRIBUNALS Claimant: Mr Nathan Tozer Respondent: Rose of Colchester Ltd TELEPHONE PRELIMINARY HEARING Heard at: East London Hearing Centre On: 25 April 2022 Before: Employment Judge Elgot Representation Claimant: In person Respondent: Mr G Mitchell, Solicitor[1]The correct name of the Respondent is Rose of Colchester Ltd. The Claimant agrees that he was employed by this Respondent. He makes no claim against Mr Michael Rose in his personal capacity and accordingly Mr Rose is removed as a party to these proceedings.[2]The claim of unfair dismissal has been struck out by a judgment dated 17 February 2022.[3]The Claimant withdraws all his claims against the Respondent and, for the avoidance of doubt, against Michael Rose.[4]Accordingly, pursuant to Rules 51-52 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 the claims are DISMISSED.[5]The Respondent and Mr Rose make no application for costs, as confirmed by their representative. Case Numbers: 3206064/2021 2