Miss J Ibanez v S Burden: 2303119/2021
JUDGMENT
The complaint of Unfair Dismissal is struck out.REASONS
[1]By a letter dated 19 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.[3]The claimant’s remaining claims continue. _____________________________ Employment Judge McLaren Date: 07 February 2022 Case No. 2303119/2021 1 EMPLOYMENT TRIBUNALS Claimant: Miss J Ibanez Respondent: Mr Simon Burden HELD AT: London South (via CVP) ON: 9 August 2022 BEFORE: Employment Judge Hart REPRESENTATION: Claimant: No attendance Respondent: In person[1]The claim for redundancy pay is dismissed under rule 47 of the Employment Tribunals Rules of Procedure 2013 due to the claimant’s non-attendance at the hearing on 9 August 2022.[2]The claims for notice pay and arrears of pay, whether for breach of contract or unlawful deduction of wages, are dismissed under rule 47 of the Employment Tribunals Rules of Procedure 2013 due to the claimant’s non-attendance at the hearing on 9 August 2022. Case No. 2303119/2021 2[3]The claim for holiday pay, whether for breach of contract, unlawful deduction of wages and / or under the Working Time Regulations 1998, is dismissed under rule 47 of the Employment Tribunals Rules of Procedure 2013 due to the claimant’s non-attendance at the hearing on 9 August 2022.