Miss V Georgieva and Miss S Krasteva v Imperial College of Science Technology and Medicine: 2206883/2018 and 2200023/2019
JUDGMENT
ON OPEN PRELIMINARY HEARING The judgment following the hearing directed by the case management summary of 28 March 2019 is:-[1]On the issue whether the Claimants were employees, the Claimants were not employees of the Respondent and could not therefore claim unfair dismissal;[2]On the issue whether the Claimants had two years continuous service, they did not have two years continuous service and could not therefore claim unfair dismissal.[3]The Claims of unfair dismissal are therefore struck out.[4]The Claims for holiday pay have been listed for hearing in a case management order.REASONS
[1]This is the Respondent’s strike out application. Ms O’ Halloran’s skeleton sets out the chronology. It is at least arguable that the Claimants failed to comply with an Order to provide particulars, made on 22 May. However, whether that is correct or not, they have failed to engage with any of the subsequent correspondence raised by the Respondent’s solicitors after 19 June. They have failed to engage with the trial process in relation to the bundle or witness statements. Finally, they have failed to attend today and there is no explanation of this, or any communication with the tribunal.[2]In these circumstances I am satisfied that they have failed to pursue their claims. Quite separately, and as an aside, I note that if it is correct that they were paid ‘rolled up’ holiday pay as they went along, the claims appear to lack any merit. Case Number: 2206883 /2018 & 2200023 /2019