A Roman v U S Bagreta: 3304222/2022
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.[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 26 April 2022 the tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why his claims (in so far as they survived, his claim of unfair dismissal within the meaning of section 98 of the Employment Rights Act 1996 having been dismissed on 21 April 2023 in a judgment which was sent to the parties on 24 April 2023) should not be struck out because the claimant had not obtained from ACAS an early conciliation certificate before issuing his ET1 claim form. The claimant was given until 17 May 2023 to respond to that letter.[2]The claimant has failed to make representations in writing as to why this should not be done or to request a hearing at which to make oral representations opposing the striking out of the remaining claims. Those claims (as described in the above judgment) are therefore struck out.