Mrs A Andrews v Diversity House Ltd: 2302194/2023
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[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.[4]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. The claimant’s other complaints are not affected by this judgment. _____________________________ Employment Judge Andrews Date: 30 August 2023 Case Number: 2302194/2023 1 of 1 EMPLOYMENT TRIBUNALS Heard at: London South (by CVP) On: 18 April 2024 Claimant: Mrs A Andrews Respondent: Diversity House Limited Before: Employment Judge Ramsden Representation: Claimant Mrs J Gray, a friend and lay representative. Respondent Mrs Fairclough-Haynes, consultant[1]It is not just and equitable to extend time for submitting the Claimant’s complaints of direct age discrimination until 22 May 2023, and so the Tribunal does not have jurisdiction to hear those complaints.[2]It was reasonably practicable for the Claimant to bring the claims for unlawful deduction from wages, and for failure to pay her for accrued but untaken holiday pay, on or before 12 January 2023. The Claimant’s claim was filed after this time, and so the Tribunal does not have jurisdiction to hear those complaints.[3]Consequently, each of the Claimant’s complaints was brought out of time and is dismissed.[4]The hearing listed to commence on 11 September 2024 is vacated.