Miss S Westerman v JD Wetherspoon plc: 6002138/2023
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. Employment Judge Rayner Date: 18 January 2024 Judgment sent to the Parties: 31 January 2024 FOR THE TRIBUNAL OFFICE Case Number: 6002138/2023 EMPLOYMENT TRIBUNALS Claimant: Miss S Westerman Respondent: JD Wetherspoon PLC[1]By a letter dated 26 September 2024 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 dated 17 April 2024 It has not been actively pursued.[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 hearings fixed for 17 October 2024 & 25 November 2024 will not take place.