Mrs S Ahmed v AI Foods Ltd Pepes: 1305300/2021
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. Employment Judge Harding Date: 10 August 2022 Case Number: 1305300/2021 EMPLOYMENT TRIBUNALS Claimant: Mrs S Ahmed Respondent: AI Foods Ltd Pepes[1]By a letter dated 4 September 2025 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because• the claimant had not complied with the Order of the Tribunal dated 13/02/2023, 28/04/2023, 14/07/2023 and 21/03/2024• it has not been actively pursued.[2]The claimant has failed to make representations in writing why this should not be done or to request a hearing. The claim is therefore struck out. Approved by: Employment Judge Dimblyow Date of approval: 23 September 2025 Case Number: 1305300/2021 1 EMPLOYMENT TRIBUNALS BETWEEN Claimant: Shakila Ahmed Respondent: Al Foods Limited Pepes EMPLOYMENT JUDGE Dimbylow (in the absence of the parties) UPON an application made on 23 January 2026 to reconsider the judgement approved and dated by me on 23 September 2025, and sent to the parties on the same date, striking out the claimant’s claim, because(1) the claimant had not complied with the Orders of the tribunal dated 13/02/2023, 28/04/2023, 14/07/2023 and 21/03/2024 and(2) the claim had not been actively pursued, the claimant having by letter dated 4 September 2025 been given the opportunity to make representations or to request a hearing by 18 September 2025, And upon considering representations made by the claimant on 23, 26, 27 January 2026, and on 9, 17 & 25 February 2026, And upon considering representations made by the respondent on 1 February 2026, And under Rules 70 to 73 of the Employment Tribunal Rules of Procedure 2024, and without a hearing:[1]The claimant submitted an application for her case “to be opened again” on 23 January 2026. This was not within 14 days of the date that the notice of the claim being struck out was sent to the parties. The application was therefore made Case Number: 1305300/2021 2 some months out of time. The claimant did not ask for a hearing to consider the application. The respondent opposes the application.[2]I appreciate that I have a wide discretion, which must be exercised judicially. This involves not only the interests of the party making the application, but also the other party, and the public interest requirement that there should be finality of litigation.[3]The facts in dispute occurred in 2020 and 2021. The claimant failed to comply with orders made by the tribunal. The claimant failed to reply to the strike-out warning made on 4 September 2025. The claimant applied out of time for the case to be reconsidered and reinstated.[4]I find and conclude that I do not revoke the judgement striking out the claim, as it is in the interests of justice not to do so. Approved by