Mr T Doostdar v The LTE Group: 6016404/2024
JUDGMENT
The claim of unfair dismissal is struck out.REASONS
[1]By a letter dated 7 November 2024 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out because the claimant was not employed for two years or more.[2]The claimant has failed to make any sufficient representations why this should not be done or to request a hearing. The complaint of unfair dismissal is therefore struck out as the Tribunal has no jurisdiction to consider it.[3]The claimant’s remaining claims remains listed for hearing on 2 June 2025.[1]The claimant’s application for reconsideration dated 27 February 2025 is based on an assumption that the Tribunal had not considered the claimant’s email of 9 December 2024. However, this information was seen and considered by the Tribunal before the decision of 25 February 2025 was taken.[2]Nothing in the claimant’s submissions to the Tribunal, including that of 9 December 2024, changes the fact that the claimant does not have two years’ service with the respondent. His period of agency work was from 30 January 2023 to 31 January 2024. He was then employed from 1 February 2024 until 28 March 2024 when he was dismissed with no notice. Even if his time as an agency worker is taken into account, he does not have two years’ service.[3]Furthermore, nothing in the claimant’s submissions to the Tribunal show that the circumstances of his claim fall within any of the exceptions to the need for two years’ service. The unfair dismissal claim remains struck out.