Ms C Barnes v Novoteam Ltd: 2301352/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The hearing listed on 03 September 2019 will be converted to a 2 hour Remedy Hearing. Employment Judge Hyams-Parish Date: 28 August 2019 Case No: 2301352/2019 EMPLOYMENT TRIBUNALS BETWEEN CLAIMANT V RESPONDENT Ms C Barnes Novoteam LtdREASONS
A claim form was presented by the Claimant to the Tribunal on 18 April 2019. On 20 August 2019 a referral was made to me for consideration of a Judgment pursuant to Rule 21 of the Employment Tribunal Rules. At that stage there appeared to be no response submitted on behalf of the Respondent. Judgment was given pursuant to Rule 21 on liability only and a hearing was listed to consider remedy. On 2 September 2019 an email was received from the Respondent stating that a response had been submitted within the time scales stipulated by the Tribunal. The said response has now been located and therefore it is clear that a Rule 21 Judgment was made in error. For this reason it is appropriate to revoke the above Judgment. The hearing listed for 11 November 2019 will be converted to a Case Management Hearing. Employment Judge Hyams-Parish 17 October 2019 Case No: 2301352/2019 Case No: 2301352/2019 EMPLOYMENT TRIBUNALS Claimant: Ms C Barnes Respondent: Novoteam Limited JUDGMENT The complaint that the claimant was unfairly dismissed is struck out. REASONS[1]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. The claimant was employed by the respondent for less than two years and so is not entitled to bring such a complaint. Accordingly, the complaint of unfair dismissal is struck out.[2]The claimant’s other complaints are not affected by this judgment.