Mr N Hammond v Single Homeless Project: 2202001/2024
JUDGMENT
[1]The Claimant’s claim of unfair dismissal is struck out as having no reasonable prospect of success.[2]The Respondent’s application for strike out /or deposit order in respect of the claims of race discrimination and wrongful dismissal is refused.REASONS
[1]Upon the Claimant not attending today, the tribunal clerk made contact by telephone and was told by the Claimant that he was unwell and unable to attend. The Claimant had not applied to adjourn the hearing, nor had he written to the tribunal to explain his non-attendance.[2]The tribunal heard the respondent’s application to strike out the claim in respect of the claim of unfair dismissal and decided that, taking the Claimant’s claim at its highest, he does not have sufficient service (i.e. 2 years) to bring a claim of unfair dismissal because the dates of employment stated by him are 7 June 2022 – 1 December 2023.[3]In the circumstances it was determined that the claim of unfair dismissal does not have reasonable prospects of success, and I exercised my discretion to strike the claim out in accordance with Rule 37(1)(a) of the Employment Tribunal Rules of Procedure 2013 and Rule 2 (the overriding objective).[4]In respect of the Claimant’s remaining complaints of race discrimination and wrongful dismissal the Claimant has failed to comply with any of the case management orders of Employment Judge A Stewart dated 4 June 2024. I refused the respondent’s application to strike out or make a deposit in respect of those claims because they are not fully particularised. I determined that it was appropriate to make an Unless Order in respect of those complaints and have set that out in a separate order.