Miss A Grace v Bristol Pharma Ltd: 1401028/2020
JUDGMENT
The claim is struck out.REASONS
[1]The Claimant has claimed unfair dismissal and ‘Other Payments’.[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 these proceedings.[5]On 5 March 2020, the Tribunal informed the Claimant that it did not appear she was entitled to bring the claim of unfair dismissal and was given the opportunity to give reasons in writing , on or before 12 March 2020, to say why it should not be struck out. The claimant failed to give an acceptable reason.[7]Accordingly, the claim for unfair dismissal is struck out.[8]On 21 April 2020, Employment Judge Bax directed that the Claimant set out in writing, on or before 21 April 2020, what her claim for other payments was for and to the provide the details of that claim. The Claimant did not respond to the e-mail.[9]On 19 May 2020, Employment Judge Midgley directed that a letter was sent to the Claimant which said that she had not responded to the e-mail dated 21 April 2020 and that consideration was being given to striking out the claim for other payments. The Claimant was informed that she should respond in writing or request a hearing by 26 May 2020, if she objected to the proposal. The Claimant did not respond. Case no: 1401028/2020[10]The Claimant has been asked to provide details of her claim for other payments and failed to respond to the warnings that her claims would be struck out and she has persistently failed to respond to tribunal correspondence. It was concluded that she was not actively pursuing her claim and has failed to comply with Orders from the Tribunal. Therefore, the claim for other payments is struck out.