Ms S Forbes-Cowan v Copperstone Projects Ltd: 2300530/2022
JUDGMENT
[1]The complaint of unfair dismissal is struck out.[2]By a letter dated 25 May 2022 the Tribunal gave the Claimant an opportunity to make representations, or to request a hearing, as to why her complaint for unfair dismissal should not be struck out. The reason for this was: 1. The Claimant did not have the qualifying two years’ service under section 108 of The Employment Rights Act 1996 and presented no exceptional circumstances that provide an exemption to that qualifying period.[3]The Claimant has failed to make such representations and has not requested a hearing to consider the question. The complaint of unfair dismissal is, therefore, struck out.[4]The remaining claims brought by the Claimant remain listed for hearing on 2 December 2022. _______________________ Employment Judge Aspinall Date: 14 November 2022 Sent to the parties on Date: 23 November 2022 Case No: 2300530/2022 EMPLOYMENT TRIBUNALS Claimant: Sandra Forbes-Cowan Respondents: Copperstone Projects Limited Heard at: Employment Tribunal at Croydon (London South) (listed to take place remotely by Cloud Video Platform) On: 1 February 2023 Before: Employment Judge Heather Appearances: NoneREASONS
[2]The reason that the claims are dismissed are that:a. The hearing was scheduled to start at 10:00am and the Tribunal waited until 11:15am before determining the matter.b. The claims are denied by the Respondent although the Respondent has not provided any documents, evidence or file of papers to the Tribunal in accordance with the earlier order of the Tribunal. Case No: 2300530/2022c. No representative of the Respondent attended the hearing. Mr Alex Hennesy, Director, answered a telephone call from the Tribunal Office before 10am and indicated that he would be available to join the hearing by 11am. He had not done so by 11am and did not answer any subsequent telephone calls from the Tribunal Office after 10am.d. The Claimant did not attend the hearing today and did not respond to telephone calls or an email from the Tribunal Office requesting that she do so.e. Having made those enquiries as to the reason for the Claimant’s absence, and after considering that there was no information available to me as to the Claimant’s absence, I dismissed the claims in accordance with rule 47 of the Employment Tribunal Rules.