Mrs A P Verona v Qatar Airways Group QCSC: 2201073/2021 and 2203549/2021
JUDGMENT
[1]The respondent’s application to strike out the claimant’s complaints of unfair dismissal, redundancy pay, and disability discrimination is refused.[2]The respondent’s application to strike out the claimant’s claim under Rule 37(d) of the Employment Tribunals Rules of Procedure 2013 is refused.[3]The respondent’s application for a deposit order with respect to the claimant’s complaints of unfair dismissal, redundancy pay, and disability discrimination is refused.[4]The claimant’s continuous service with the respondent began on 17 April 2019.[5]“The material date” within the meaning of s.97(3) was 9 April 2021. Case Number 2201073/2021 & 2203549/2021 2[6]Therefore, “the effective date of termination” of the claimant’s contract of employment, pursuant to s.97(2) of the Employment Rights Act 1996 (“ERA”) and s.86(1)(a) ERA, and “the relevant date”, pursuant to s.145(5) and s.86(1)(a) ERA, was 16 April 2021.[7]Accordingly, the claimant has been continuously employed by the respondent for a period of not less than two years ending with the effective date of termination, for the purposes of s.108(1) and s.155 ERA.[8]The claimant’s claim for notice pay is dismissed on withdrawal.[9]The claimants first claim (Case Number: 2201073/2021) is rejected under Rule 12(1)(d) of the Employment Tribunals Rules of Procedure 2013 (a claim form contains confirmation that one of the early conciliation exemptions applies, and an early conciliation exemption does not apply).