Mrs S Patel v BPP Professional Education Ltd: 3314559/2020
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. ________________________ Employment Judge R Lewis Date: 1 March 2021[1]By a letter dated 6 January 2023 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 the claimant had not complied with the Order of the Tribunal sent to the parties on 10 June 2022; it has not been actively pursued. it is no longer possible to have a fair hearing of the claim at the hearing allocation of 30 January 2023 to 2 February 2023 because the claimant has not disclosed the documents and medical evidence which she intended to rely on at the hearing.[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.[3]The hearing fixed for 30 January 2023 to 2 February 2023 will not take place.