Mr R Aves v Malmaison Trading Ltd: 6003860/2024
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. Approved by Employment Judge Midgley Date: 10 January 2025[1]The Respondent’s application for the Claimant’s claims of discrimination on the grounds of disability and unlawful deductions from wages to be struck out is granted.[2]The Claimant did not attend the hearing today. Two phone calls were made to the Claimant, but these rang and then the line went dead. The Tribunal is satisfied that the Claimant had adequate notice of the hearing and had the opportunity to attend if he wished.[3]The Claimant has not responded to any communication from the Respondent’s solicitors nor from ACAS.[4]The Claimant did not respond to the Employment Tribunal’s letter of 16 December 2024, nor has he complied with the Employment Tribunal’s directions of 9 January 2025.[5]The Claimant claims are therefore struck out under Rule 38 on the grounds that there has been non-compliance with an order of the Tribunal, and that the claim has not been actively pursued. Case No: 6003860/2024