Ms K Roberts v Ms P Clarke Abaceredig Holdings Ltd: 1601014/2022
JUDGMENT
[1]It is the judgment of the Tribunal that the ET1 claim, presented by the Claimant on 30 August 2022, did not include a claim of harassment related to disability (s.26 Equality Act 2010) in relation to the acts of the First Respondent of the 12 and/or 16 November 2020. Employment Judge R Brace Dated: 27 September 2023[2]JUDGMENT SENT TO THE PARTIES ON 3 October 2023 FOR THE SECRETARY OF EMPLOYMENT TRIBUNALS Mr N Roche Case Number: 1601014 / 2022 2 of 2 NOTE: This is a written record of the Tribunal’s decision. Reasons for this decision were given orally at the hearing. Written reasons are not provided unless(a) a party asks for them at the hearing itself or(b) a party makes a written request for them within 14 days of the date on which this written record is sent to the parties. This information is provided in compliance with Rule 62(3) of the Tribunal’s Rules of Procedure 2013.[3]Case Number: 1601014/2022 EMPLOYMENT TRIBUNALS Claimant: K Roberts Respondent: 1. Paula Clarke 2 Abaceredig Holdings Limited[5]The claim against the first Respondent is struck out.REASONS
[1]In the Tribunal’s case management orders dated 27 September 2023, the Tribunal gave the Claimant an opportunity to make representations or to request a hearing, as to why the claim against the first Respondent should not be struck out as it has no reasonable prospects of success as:• Under s.94(1) Employment Rights Act 1996, an employee has the right to not be unfairly dismissed by their employer.• It is accepted by the Claimant that her employer was, at all times, the second Respondent, Abaceredig Holdings Limited and not the first Respondent.[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 claim against the first Respondent is therefore struck out.[3]The case against the second Respondent continues and will proceed to hearing on 4 March 2024. _____________________________ Employment Judge Sharp Date - 9 February 2024