Mr O Fofana v GXO Servicetech UK Ltd: 6005999/2024
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. Employment Judge Maxwell 29 August 2024 Case Number: 6005999/2024 EMPLOYMENT TRIBUNALS Claimant: Mr O Fofana Respondent: GXO Servicetech UK II Limited[1]The Tribunal wrote to the claimant on 5th February 2026 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that• the claimant had not complied with the Order of the Tribunal dated 5th September 2024 and 30th June 2025;• the claim had not been actively pursued[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied.[3]I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. This is because the claimant has not replied to the strike out warning. The claim is therefore struck out. Approved by: