Mr A Prigmore v DVLA: 1600699/2022
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
The law
[1]By a letter dated 27 July 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of unfair dismissal should not be struck out because:• The Claimant was employed for less than two years.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of Unfair dismissal is therefore struck out.[3]The claimant’s remaining claim remains listed for a preliminary hearing for case management on 9 November 2022 and final hearing on 15-17 February 2023.[1]An application for reconsideration is an exception to the general principle that (subject to an appeal on a point of law) a decision of the Employment Tribunal is final.[2]Rule 70 ET Rules 2013 sets out the test on reconsideration which is whether it is necessary in the interests of justice to reconsider the judgment. Pursuant to Rule 72(1) I may refuse an application based on preliminary consideration if there is no reasonable prospect of the original decision being varied or revoked.[3]There is no reasonable prospect of the original decision being varied or revoked, because: Case No: 1600699 / 2022[4]Having revieweda. her judgment sent to the parties on 13 September 2022;b. the letter from the Claimant dated 15 September 2022 Employment Judge Brace is satisfied that the Claimant is not entitled to bring a complaint of unfair dismissal as they do not have 2 years’ service, they failed to make any representations why the case should not be struck out or request a hearing. Further and in any event, the Claimant is not bringing an unfair dismissal claim where s108 Employment Rights Act 1996 applies, but is making a claim of constructive dismissal under s.39 Equality Act 2010, which is permitted to proceed.[5]Case management on the Claimant’s remaining disability discrimination claims, including any claims for constructive dismissal brought under s.39 Equality Act 2010 will be discussed at the next preliminary hearing.