Mr R Phillips v Virtusa UK Ltd: 2210210/2023
JUDGMENT
The claim is dismissed.REASONS
[1]By a letter dated 15 August 2023 the Tribunal wrote to the Claimant to say that it was considered dismissing his claim under rule 27 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, on two grounds. The claimant sent two emails to the tribunal that are relevant, his email dated 11 August 2023 and his email dated 24 August 2023.[2]The first ground was the claimant’s failure to enter into Acas early conciliation prior to presenting his claim. The claimant said in his first email that he was not aware of the requirement to enter into early conciliation before presenting a claim.[3]The second ground was the claimant’s lack of service to pursue a claim for unfair dismissal. In the claimant’s email of 24 August 2023 he said he wished to pursue a claim of automatic unfair dismissal because of “cheating”. No such claim exists. In order for me to consider allowing the claim to proceed, the claimant would have needed to specify a type of claim of automatic unfair dismissal that is found in legislation and applies in this case.[4]The claim is therefore dismissed.[5]The hearing that was due to take place on 26 and 27 October 2023 will be cancelled.