Miss J Poukens v Rands Farm Equestrian Centre Ltd: 1806539/2022
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 Bright 18 January 2023 EMPLOYMENT TRIBUNALS Heard at: Sheffield Employment Tribunal (by CVP videolink) On: 23 June 2023 Before: Employment Judge Deeley Claimant: Ms J Poukens Respondent: Rands Farm Equestrian Centre Ltd Representation For the claimant: in person For the respondent: Ms H Suleman (consultant) (with assistance from Mrs E Kitching, respondent’s owner)hearing.
[1]By consent, the respondent will pay to the claimant the gross sum of £500 (without deductions) in relation to her claim for non-payment of a bonus.[2]For the avoidance of doubt, the claimant’s remaining claims shall continue to a final hearing. Employment Judge Deeley Date: 26 June 2023 1806539/2022 1806539/2022 EMPLOYMENT TRIBUNALS Heard at: Sheffield Employment Tribunal (by CVP videolink) On: 23 June 2023 Before: Employment Judge Deeley Claimant: Ms J Poukens Respondent: Rands Farm Equestrian Centre Ltd Representation For the claimant: in person For the respondent: Ms H Suleman (consultant) (with assistance from Mrs E Kitching, respondent’s owner) COSTS JUDGMENT[1]The respondent is ordered to pay to the claimant the sum of £344 in respect of the claimant’s preparation time under Rule 75 of the Employment Tribunal Rules of Procedure.[2]The reasons for this preparation time order were provided orally during the hearing and set out in the case management summary of the hearing on 23 June 2023. Employment Judge Deeley Date: 26 June 2023 Case Number: 1806539/2022 1 EMPLOYMENT TRIBUNALS Claimant Respondent Miss J Poukens v Rands Farm Equestrian Centre Ltd Heard at: Sheffield On: 30 August 2023 Before: Employment Judge James Representation For the Claimant: In person For the Respondent: Did not appear and was not represented The Response has been struck out because of a failure to comply with an Unless Order, following repeated breaches of previous tribunal orders. The respondent was only entitled to take part in today’s hearing, to the extent allowed by the Judge. The respondent instructed new solicitors just before the hearing and a request for postponement was made. That was refused, in light of the history of the proceedings to date. In the event, no representative of the respondent appeared at the hearing. Having heard evidence on affirmation from the claimant having heard representations from her, and having considered the documentary evidence referred to, the tribunal has arrived at the following judgment.