Mr M Williamson v Orsted: 6011376/2024
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[1]The claimant complains of unfair dismissal.[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]There being no response to the Employment Tribunal's letter of 3 October 2024, Employment Judge Tobin has struck out this claim as the claimant does not have the requisite 2-years service for a complaint of unfair dismissal, under s94 Employment Rights Act 2010.[5]Therefore the claimant is not entitled to bring such a complaint.[6]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.[7]Accordingly, the complaint of unfair dismissal is struck out. The claimant ticked the box for making a whistleblowing complaint but there is nothing in the details of complaint that might indicate a complaint of automatic unfair dismissal such that it could be responded to meaningfully by the claimant’s former employer.