Mrs N Brown v Robertson's Property Solutions: 1401918/2021
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 complaint is not affected by this Judgment. Employment Judge Gray Date: 05 October 2021 Judgment sent to the parties: 21 October 2021 FOR THE TRIBUNAL OFFICE Case No: 1401918/2021 EMPLOYMENT TRIBUNALS Claimant: Mrs Nicola Brown Respondent: Robertsons Property Solutions Limited By: VHS On: 23 June 2022 Before: Employment Judge Craft Representation Claimant: Herself Respondent: Mr J Vatcher, Counsel[1]The name of the Respondent in these proceedings is amended to read as above.[2]The Claimant's application to amend her claim to include a claim of sex discrimination, which was not referred to, or pursued, in the claim she submitted to the Employment Tribunal on 18 May 2021, and has been submitted out of time is refused because it would not just and equitable for the Tribunal to consider it.[3]The Claimant's claim against the Respondent for failure to provide written reasons for her dismissal is dismissed because the Claimant had insufficient continuity of employment and the Tribunal has no jurisdiction to consider it for that reason.[4]For the avoidance of doubt the Tribunal confirms that the Claimant's claim of unfair dismissal against the Respondent has already been struck out by the Judgment promulgated within these proceedings on 5 October 2021 which confirmed that under the terms of s.108 Employment Rights Act 1996 the Tribunal had no jurisdiction to consider it. Case No: 1401918/2021