Mr K Bommagani v B Patel: 3302383/2023
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.[1]By a letter dated 23 October 2023 the Tribunal gave the claimant an opportunity to contact the Tribunal by 6 November 2023 to make representations or to request a hearing, as to why the claim should not be struck out because there had been no response to the Tribunal’s 1 September 2023 correspondence.[2]The Claimant presented a claim on 4 March 2023. On 17 April 2023, a strike out warning was issued for the proposed unfair dismissal complaint. That required a reply by 2 May 2023. There was no response from the Claimant, and there appears to have been no correspondence at all from the Claimant since the claim was presented.[3]No response to the claim having been received from the Respondent, on 1 September 2023, the Tribunal sent various letters to the parties, including an order that the Claimant quantify the elements of the claim (not including unfair dismissal) and write to the Tribunal by 8 September.[4]On 23 October, no reply having been received from the Claimant, a judgment striking out the unfair dismissal complaint was sent to parties, and the Claimant was warned that he must reply to the 1 September letter, or the claim might be struck out.[5]The claimant has failed to respond. The claim is therefore struck out as it is not being actively pursued.