Ms D Cardoso v EPL Foods Ltd: 2300116/2023
JUDGMENT
The claimant’s claims in their entirety are struck out.REASONS
[1]The claimant complains of unfair dismissal.[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 employed by the respondent for less than two years. 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.[7]The claimant’s remaining complaints of unauthorised deductions from wages, wrongful dismissal, breach of contract and breach of the Working Time Regulations have been brought outside the statutory time limit of 3 months.[8]The claimant stated in her ET1 that the reason for submitting her claim late was pregnancy and a difficult birth. However, she has not provided any medical evidence or a full explanation of why this prevented her from bringing her claim during the period from her termination of employment on 16 June 2022 until 9 January 2023.[9]The Tribunal finds that it was reasonably practicable for the claims to be made in time and that in any event they were not made in a further reasonable period.[10]Accordingly, the remainder of the claimant’s claims are struck out.