Miss K Czuchraj v T Taiwo: 2400774/2022
JUDGMENT
The complaints of unfair dismissal and of “discrimination” are struck out because they have no reasonable prospect of success.REASONS
[1]The unfair dismissal claim is struck out because employment appears to be continuing. There has been no dismissal.[2]The complaint of discrimination is struck out because the claimant has not identified any "protected characteristic" which can give rise to such a claim. A refusal to be vaccinated is not itself a protected characteristic.[3]The only claim which appears to be viable is a complaint of unauthorised deductions from pay based on the failure to allocate the claimant hours of work.[4]Within 14 days of the date this judgment is sent to the parties the claimant must provide to the Tribunal and to the respondent a calculation of the amount she claims in respect of unpaid wages.[5]The respondent must file a response form addressing the unauthorised deduction element only within 28 days of the date this judgment is sent to the parties. The case will be listed for a two-hour hearing on that point alone.[1]By a letter dated 17 May 2022 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 5 April 2022;• it 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.