Mrs L O'Dwyer v Defence Equipment and Support (DE&S) A Bespoke Trading Entity of The Ministry of Defence: 1405109/2018
JUDGMENT
[1]The Claimant’s claims of sex discrimination, arrears of holiday pay, breach of contract and ‘other payments’ are dismissed, upon withdrawal.[2]The Claimant’s allegations of acts of detriment related to protected disclosure, pre-dating 21 August 2018, are also dismissed, upon withdrawal.[3]The Claimant’s amended claim of automatic constructive unfair dismissal and detriment on the grounds of protected disclosure (as set out in the Case Management Summary of same date) will proceed to hearing. _____________________________ Employment Judge O’Rourke Date: 20 June 2019 Claimant: Mrs L O'Dwyer Respondent: Defence Equipment & Support (de&s) A Bespoke Trading Entity Of The Ministry Of DefenceREASONS
[1]The Claimant has complained of unfair dismissal.[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 and she is therefore not entitled to bring such a complaint.[4]The Claimant has failed to give an acceptable reason why the complaint should not be struck out, despite having been given the opportunity to do so.[5]Accordingly, the complaint of unfair dismissal is struck out.[6]The Claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Livesey Date: 4th January 2019 Case No: 1405109/2018 6.8 Judgment on Withdrawal rule 52 EMPLOYMENT TRIBUNALS Claimant: Mrs L O'Dwyer Respondent: Defence Equipment & Support, a Bespoke Trading Entity Of The Ministry Of Defence