Ms M Solder v WHSmith Retail Holdings Ltd: 1403877/2021
JUDGMENT
The complaint of Unfair dismissal 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 following the letter from the Tribunal dated 1 November 2021, 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 Livesey Date: 24 March 2022 Judgment sent to the parties: 8 April 2022 FOR THE TRIBUNAL OFFICE Case Number: 1403877/2021 EMPLOYMENT TRIBUNALS Claimant: Ms M Solder Respondent: WHSmith Retail Holdings Limited Heard at: Southampton On: 8 July 2022 Before: Employment Judge Dawson Appearances For the claimant: No attendance For the respondent: Ms Ibbotson, counsel[1]on the 7 July 2022 the claimant wrote to the employment tribunal stating that she could not attend the hearing on 8 July 2022 because she was poorly in hospital;[2]the claimant did not state what illness caused her to be in hospital or enclose any evidence;[3]the claimant did not ask for an adjournment of the hearing;[4]the tribunal emailed of 7 July 2022 stating that the claimant was not obliged to attend the hearing but if she wished to apply for an adjournment she should state what medical condition prevented her attendance and send supporting medical evidence the claimant did not reply to that email; the claimant did not attend the hearing;[7]the Judge decided, having considered the file, to proceed in the absence of the claimant. IT IS ORDERED THAT:[1]The claimant has permission to apply to set aside this judgment in accordance with the next paragraph. Case Number: 1403877/2021[2]If the claimant wishes to apply to set aside this judgment she must, within 14 days of the date that it is sent to her, write to the tribunal and the respondent;a. explaining the full reasons why she was not able to attend the hearing,b. enclosing medical evidence which confirms that she was unable to attend the hearing,c. setting out the sums she claims in respect of holiday pay and how they are calculated.[3]The claimant’s claims are struck out on the basis of her non-compliance with the order of the tribunal dated 11 April 2022 that she send to the respondent a written calculation of the value of the claim.