Employment Tribunals

Case Number: 1404204/2022 EMPLOYMENT TRIBUNALS Claimant: Mr D Bryan Respondent: Roc Technologies LTD 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. 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 Smail Date: 9 May 2023 Judgment sent to the Parties on 18 May 2023 For the Tribunal Office Case No: 1404204/2022 10.2 Judgment - rule 61 EMPLOYMENT TRIBUNALS Claimant: Mr D Bryan Respondent: ROC Technologies Limited Heard at: Remotely by Cloud Video Platform (CVP) On: 4th October 2023 Before: Employment Judge Lambert Representation Claimant: No attendance Respondent: Miss G Lane, Employee Relations Manager JUDGMENT 1. The Claimant’s claims are dismissed due to his lack of attendance, in accordance with Rule 47 of the ET Rules 2013 and further and/or additionally in accordance with Rule 37(1)(d) for failing to actively pursue the claim as evidence by his failure to comply with Case Management Orders. 2. The Claimant failed to attend an earlier Preliminary Hearing before EJ King on 12th July 2023. EJ King issued a Case Management Order on 14th July 2023 re-listing this matter for today. The Claimant was ordered to file a Case Management Agenda in advance of this hearing. 3. The Claimant failed to attend. He did not file a Case Management Agenda. The Clerk emailed the Claimant to ascertain his intention, but he did not respond. There was no telephone number provided on the Claim Form. 4. In the light of the Claimant’s failure to attend 2 Preliminary Hearings and to provide any reasons why he did not, his claims were dismissed. Case No: 1404204/2022 10.2 Judgment - rule 61 Employment Judge Lambert Date: 4th October 2023 Judgment sent to the Parties on 24 October 2023 For the Tribunal Office