N White v Demipower Ltd: 6026367/2025
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 Povey Date: 6 January 2026[1]The Tribunal wrote to the claimant on 14 April 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 claim had not been actively pursued; and/or[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 a strike out warning was issued contained in the case management order of 5 February 2026 which was sent to parties on 5 February 2026. The Tribunal chased compliance on 24 March 2026 via the notification system. No response from the Claimant was received. The Claimant has been given multiple opportunities to comply but has failed to do so. The claim is therefore struck out.[5]The hearing on 5 May 2026 will not take place. Approved by: