Mr K Abayomi v The Commissioner of Police of the Metropolis: 2203604/2019

EMPLOYMENT TRIBUNALS
Case No 2203604/2019
Mr K AbayomiClaimantThe Commissioner of Police of the MetropolisRespondent
Employment Judge BrownIn person for claimantMr P Martin (instructed by Counsel) for respondentDate 11 March 2021

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 engaged 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 Brown Date: 8 January 2020[1]The complaints of age discrimination about how the Respondent and Shared Services Connected Ltd dealt with the Claimant’s complaints to them in May 2019 are not well-founded.[2]The Tribunal does not have jurisdiction to consider the complaint of age discrimination about acts that occurred on 20 January 2019. _ Employment Judge - Grewal Date_: 11th March 2021_[1]The Claimant has sent fresh evidence to the Tribunal to indicate that he had limited contact with the Respondent and SSCL between 1 June and 1 July 2019. The Claimant could have produced that evidence at the hearing. Even if he had produced that evidence, it would not have changed our conclusions that it was not just and equitable to hear a complaint about what happened on 20 January 2019 which was presented to the Tribunal on 24 September 2019. Nor would it have had any impact on our conclusion that the Respondent was not liable for the actions of Ms Roche.[2]None of the matters raised in the Claimant’s application of 25 March 2019 disclose any grounds for applying for reconsideration.