Mrs A Dorosenko and Mr D Dorosenko v Panoramic Products Ltd: 3320892/2021 and 3320893/2021
JUDGMENT
The complaint that the claimants were 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 claimants were employed by the respondent for less than two years.[4]Therefore the claimants are not entitled to bring such a complaint.[5]The claimants have 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 claimants’ other complaints are not affected by this judgment. _____________________________ Employment Judge Quill Date:10/1/2022[1]The Tribunal wrote to the claimants on 29 January 2026 warning them that the Tribunal was considering striking out the claims. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the claims had not been actively pursued;[2]The letter gave the claimants an opportunity to explain why the claims should not be struck out, or to request a hearing at which to do so. The claimants have not replied.[3]I am satisfied that the grounds for striking out the claims under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claims. The claims are therefore struck out. Approved by: