Mrs M Murray v The Range: 1807567/2019
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 09 January 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim of unfair dismissal should not be struck out because the Claimant does not have two years’ service.[2]The Claimant can pursue a complaint that her dismissal was an act of race discrimination. However, a claim for unfair dismissal is distinct from that and requires a Claimant to have been continuously employed for two years. Dismissal being alleged to be because of race is not a reason which removes the requirement for two years’ service. The claim of unfair dismissal is therefore struck out.[4]The hearing fixed for 28th February 2020 will proceed in respect of the Claimant’s claims of race discrimination. Employment Judge Maidment Dated: 29th January 2020[1]The claimant’s complaints of race discrimination under the Equality Act 2020 (“EQA”), consisting of:1.1 Direct discrimination (s13 EQA);1.2 Harassment (s26 EQA); and1.3 Victimisation (s27 EQA); fail and are dismissed. NOTES[2]The form of remote hearing was “V: video - fully (all remote)”.[3]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is made by either party within 14 days of the date on which the Tribunal sends this judgment to the parties. Case Number: 1807567/19 Employment Judge Deeley