Miss L Carter v Maritime and Coastguard Agency: 1600399/2022
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. Employment Judge C Sharp Date: 6 September 2022[1]For the purposes of the harassment related to disability complaint, the claimant was not disabled (in part or in whole) by an impairment of Borderline Personality Disorder (it not being in dispute for the claimant’s other disability discrimination complaints that she was disabled by reason of impairments of anxiety and depression);[2]The complaint of harassment related to disability was presented outside the time limit in section 123 Equality Act and it is not just and equitable for the tribunal to permit that out of time complaint to proceed;[3]The complaint of harassment related to disability is therefore dismissed;[4]The complaint of failure to make reasonable adjustments is dismissed on withdrawal;[5]The claimant’s remaining complaint of discrimination arising from disability in respect of her dismissal, will proceed to a final hearing. Case No: 1600399/ 2022 10.2 Judgment - rule 61 February 2018