K Lizeth Morillo Ospina v Uber London Ltd: 6034074/2025
JUDGMENT
The claim is struck out.REASONS
[1]The claimant complains of unfair dismissal. This is the only complaint brought on the claim form.[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. The claimant was employed by the respondent for less than two years. Therefore, on its face, the claimant is not entitled to bring such a complaint. By a letter of 11 February 2026, the claimant was warned the Tribunal proposed to strike out the claim on this basis.[3]There are exceptions to the above requirement within the other sub-sections of section 108 of the Employment Rights Act 1996. However, the claimant has failed to identify (or provide an explanation that would allow the Tribunal to identify) a relevant exception. Indeed, she has not responded to the warning letter at all. The claimant has thus failed to give an acceptable reason, despite being given the opportunity to do so, why the claim should not be struck out.[4]Accordingly, the claim is struck out.[5]The hearing listed for 24-25 July 2028 will not take place. Approved by: