Mrs A Dimitriu v DE Group Ltd T/a DE Pharmaceuticals: 1803934/2018
JUDGMENT
[1]The claimant’s complaint of unfair dismissal has no reasonable prospect of succeeding upon the basis that the claimant did not have two years qualifying service as at the date of dismissal and her case does not fall within any of the cases where two years qualifying service is not required (as set out in section 108(2) of the Employment Rights Act 1996).[2]It cannot be said that the claimant’s complaint of direct discrimination because of the protected characteristics of sex and race (by reason of Romanian nationality) has no reasonable prospect of success or little reasonable prospect of success. Accordingly, those claims shall not be struck out and no deposit order shall be made against the claimant as a condition of her continuing with them.