Ms T O'Connell v Street Property Ltd: 2402157/2021
JUDGMENT
The complaint of Unfair Dismissal is struck out.REASONS
[1]By a letter dated 04/03/2021 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 it it has no reasonable prospect of success as the claimant did not have enough continuity of employment to bring a claim of unfair dismissal.[2]The claimant has failed to make representations in writing as to why this should not be done or to request a hearing. The complaint of Unfair Dismissal is therefore struck out. Employment Judge Howard 6th May 2021[1]The claimant brought a claim for unfair dismissal and unlawful deduction from pay on 25th February 2021.[2]It was unclear from the claim form whether she had sufficient service for her unfair dismissal claim and the Tribunal wrote to her on 4th March 2021 asking her to clarify the position by 18th March 2021.[3]The claimant did so by letter of 9th March 2021, providing details of her start date and supporting evidence, from which it appears that she was continuously employed for over 2 years. Unfortunately, that letter was not attached to the case file or brought to my attention.[4]I issued judgment on 6th May 2021 striking out the claim of unfair dismissal.[5]By email of 11th May 2021, the claimant sought reconsideration of my judgment, pointing out that she had provided the requested details.[6]In these circumstances it is clearly in the interests of justice for me to revoke my judgment and allow the claim of unfair dismissal to proceed.[7]I have listed the case for hearing and given directions which will be sent to the parties separately. Employment Judge Howard DATE 20th July 2021 Case No: 2402157/2021