Miss S Rann v Shangri-La Hotels PTE Ltd: 2301819/2021
JUDGMENT
The complaint of Unfair Dismissal is struck out.REASONS
[1]By a letter dated 2 July 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of Unfair Dismissal should not be struck out because• The claimant did not have the qualifying two years’ service under section 108 of the Employment Rights Act 1996 or any exceptional circumstances that provide for an exemption to the qualifying service period[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of Unfair Dismissal is therefore struck out. The claimant’s remaining claims continue.[1]On 18 November 2021 the Tribunal wrote to the claimant warning her that consideration was being given to striking out her claim because it was not being actively pursued. She was given the opportunity to object to that proposal in writing by 3 December 2021.[2]On 8 December 2021 the claimant emailed the Tribunal in response to a letter to her from the respondent. She said that she had not received any communication from the Tribunal in November 2021 and would like an opportunity to respond before her claim was struck out.[3]On 16 December 2021 the claim of unfair dismissal was struck out as the claimant did not have the necessary qualifying service to bring such a claim.[4]On 22 December 2021 the Tribunal wrote to the claimant informing her that her claim was at risk of being struck out as she had not been engaging with the respondent to progress her case. She was asked to provide her response to the respondent’s application, a copy of which was enclosed in the letter, within seven days.[5]No reply was received but due to a slight difference in the email address used by the Tribunal from that used by the claimant, the previous correspondence to her was re-sent to her on 1 February 2022. She was informed that she must provide a response to the respondent’s application by 8 February 2022 otherwise her claim was at risk of being struck out.[6]No reply from the claimant has been received by the Tribunal or the respondent. It appears therefore that the claimant is not actively pursuing Case Number: 2301819/2021 her claim and it is struck out.