Mr T Simpkins v Siemens Healthcare Ltd: 3335519/2018

EMPLOYMENT TRIBUNALS
Case No 3335519/2018
Mr T SimpkinsClaimantSiemens Healthcare LtdRespondent
Employment Judge VowlesDate 1 May 2019

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 2 years service to make a complaint of unfair dismissal.[3]The Claimant was employed for less than 2 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 in a letter dated 3 March 2019, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out. The other complaints of unpaid wages and holiday pay are not affected by this judgment.[7]The case remains listed for hearing on 1 October 2019 with a reduced allocation of 3 hours.[1]The claims of unpaid wages and holiday pay are dismissed upon withdrawal by the Claimant. This brings the proceedings to an end.[2]The hearing listed on 1 October 2019 is cancelled.