Miss M Taylor v LQS Healthcare Services Ltd and M Lewry: 1400952/2023
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.[1]The Claimant has applied for a reconsideration of the Judgment dated 2 May 2023 which was sent to the parties on 12 May 2023, and which struck out the Claimant’s complaint of ordinary unfair dismissal due to lack of qualifying service. That Judgment records that the Claimant’s other complaints are not affected by that Judgment. The Claimant’s other complaints include disability discrimination.[2]The grounds for the Claimant’s reconsideration application are set out by way of attachments to an email dated 24 May 2023.[3]Schedule 1 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 contains the Employment Tribunal Rules of Procedure 2013 (“the Rules”). Under Rule 71 an application for reconsideration under Rule 70 must be made within 14 days of the date on which the decision (or, if later, the written reasons) were sent to the parties. The Claimant’s application has therefore been made within the relevant time limit.[4]The grounds for reconsideration are only those set out in Rule 70, namely that it is necessary in the interests of justice to do so.[5]Pursuant to Rule 72(1) if an Employment Judge considers that there is no reasonable prospect of the original decision being varied or revoked that application shall be refused and the parties informed of that refusal.[6]I consider that there is no reasonable prospect of the original decision being varied or revoked so refuse the application. The matters the Claimant raises do not change that she was employed by the Respondent for less than two years. What the Claimant raises are matters relevant to her disability discrimination complaint where the complaints and issues relating to that are to be considered further at the case management preliminary hearing listed to take place by telephone at 10am on 13 September 2023.