Miss E Tofi v Evans Turner (Finishes) Ltd: 2304513/2023
JUDGMENT
The complaint of unfair dismissal 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’s case as set out in her claim form is that her employment began on 21 March 2022 and terminated on 30 June 2023. That is to say her employment lasted for just over 1 year and 3 months.[4]The Tribunal wrote to the claimant on 12 December 2023 inviting her to give reasons why her complaint of unfair dismissal should not be struck out in light of the fact that she appeared to have been employed for less than two years.[5]In her response of 25 December 2023 to the Tribunal’s letter requiring her to show cause why her claim should not be struck out, the claimant explained in details why she considered her treatment to be unfair but did not identify any circumstances which would result in the two-year service requirement not applying.[6]Therefore, the claimant has insufficient service to bring a complaint of unfair dismissal. Accordingly, her complaint of unfair dismissal has no reasonable prospect of success and is struck out on that basis under Rule 37 of the Employment Tribunal’s Rules of Procedure.[7]The claimant’s complaint of sex discrimination/harassment continues.[1]The Claimant was ordered to pay a deposit of £100 in respect of each of those complaints as a condition to being permitted to continue to advance those allegations following a preliminary hearing held on 10 January 2025. The Order was sent to the Claimant on 14 January 2025.[2]The Claimant has failed to pay any of these deposits. Each of those complaints is therefore struck out under Rule 40(4) of the Employment Tribunal Procedure Rules 2024.[3]The hearing fixed for 1 to 5 June 2026 will proceed to determine the Claimant’s remaining complaints, which are unaffected by this judgment. If either party considers that the length of that hearing should be reduced as a result of this judgment, they should write to the Tribunal within 14 days of the date this judgment is sent by the Tribunal. Approved by[1]By a letter dated 1 August 2025 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claimant had not complied with the Order of the Tribunal dated 14 January 2025. This required you to exchange lists of disclosure on 22 May 2025 and it also appears that the claim has not been actively pursued.[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 claim is therefore struck out.[3]The hearing fixed for 1 to 5 June 2026 will not take place. Approved by: