Miss B Connolly v Trentham Invest Ltd: 2303049/2024

EMPLOYMENT TRIBUNALS
Case No 2303049/2024
Miss B ConnollyClaimantTrentham Invest LtdRespondent
Employment Judge T PerryIn person for claimantMr A Williams (instructed by Solicitor) for respondentDate 16 July 2025

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 at a preliminary hearing earlier today, 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 including the Claimant’s claims that she was constructively dismissed and that this was an act of discrimination and that the other alleged acts of discrimination caused her financial loss due to the ending of her employment. Approved by: Employment Judge T Perry Date: 12 February 2025 Sent to the parties on Date: 14 February 2025 Case Number: 2303049/2024 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Respondent: Miss B Connolly v Trentham Invest Limited Heard at: London South (via CVP) On: 15 & 16 July 2025 Before: Employment Judge Fredericks-Bowyer Tribunal Member Clewlow Tribunal Member Townsend Appearances For the claimant: In Person For the respondent: Mr A Williams (Solicitor)[1]The claimant was not disabled by reason of complex post-traumatic[2]stress disorder at the relevant time. She has no standing to bring her claim for alleged less favourable treatment because of disability.[3]The claimant’s complaint of disability harassment is also not well founded and is dismissed.[4]The did not do a protected act on 21 December 2023. Her victimisation claim is consequently dismissed.[5]The respondent failed to pay the claimant’s accrued but untaken annual leave at the end of her employment, but no compensation is ordered because the respondent has paid the amount calculated and the claimant withdraws any allegation that more is owed. Approved by: Employment Judge Fredericks-Bowyer Case Number: 2303049/2024 2 of 2 Dated: 16 July 2025 Sent to the parties on: 28July 2025 For the Tribunal Office: P Wing Case Number: 2303049/2024 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Respondent: Miss B Connolly v Trentham Invest Limited Heard at: London South (via CVP) On: 10 March 2026 Before: Employment Judge Fredericks-Bowyer Tribunal Member Clewlow Tribunal Member Townsend Appearances For the claimant: In Person For the respondent: Mr A Williams (Solicitor)[1]It is necessary in the interests of justice for the judgment delivered on 16 July 2025 to be varied.[2]The claimant has protection under Equality Act 2010 by the operation of section 6(4) because we conclude the claimant was disabled by C-PTSD and the effects of her traumatic brain injury at a time prior to the time to which her claim relates.[3]Consequentially, the part of the judgment dismissing the claimant’s direct disability discrimination claim is revoked and the claim should be heard at final hearing.[4]Additionally, the part of the judgment dismissing the claimant’s harassment related to disability claim is revoked and the claim should be heard at final hearing.[5]The determinations made in respect of the money claims and the victimisation claim are not reconsidered. Case Number: 2303049/2024 2 of 2 Approved by: