Ms M B L Windsor v Wirral Care Services Ltd/Home Instead Wirral: 2403402/2024
[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, why the complaint should not be struck out. Case Number: 2403402/24 2[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. _________________________ Employment Judge Buzzard 14 January 2025 ORDER SENT TO THE PARTIES ON 14 January 2025 FOR THE TRIBUNAL OFFICE(1) Any person who without reasonable excuse fails to comply with an Order to which section 7(4) of the Employment Tribunals Act 1996 applies shall be liable on summary conviction to a fine of £1,000.00.(2) Under rule 6, if this Order is not complied with, the Tribunal may take such action as it considers just which may include (a) waiving or varying the requirement; (b) striking out the claim or the response, in whole or in part, in accordance with rule 37; (c) barring or restricting a party’s participation in the proceedings; and/or (d) awarding costs in accordance with rules 74-84.(3) You may apply under rule 29 for this Order to be varied, suspended or set aside. Case Number: 2403402/2024 1 EMPLOYMENT TRIBUNALS Claimant Marketa Barborikova Linden Windsor Respondent: Wirral Care Services Limited t/a Home Instead Wirral STRIKE OUT JUDGMENT[1]The claimant was ordered to pay a deposit of £150 in respect of each of her complaints of harassment related to race and direct race discrimination following a preliminary hearing held on 4 April 2025. The order was sent to the claimant on 9 June 2025. The claimant has failed to pay this deposit. The complaints of harassment related to race and direct race discrimination are therefore struck out under Rule 40(4).[2]The claim of breach of contract in respect of notice pay is struck out under Employment Tribunal Rule 38(1)(c) because the claimant has not complied with the Tribunal’s order dated 4 April 2025 that no later than 4 July 2025 she provides the Tribunal with her full address on Merseyside. Approved by: Employment Judge Benson 17 September 2025 Judgment sent to the parties on: 22 September 2025 For the Tribunal: Case Number: 2403402/2024 2 Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. If written reasons are provided they will be placed online. All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found at www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation- practice-directions/