Miss K Ondrejickova v Independent Financial Matters Ltd: 2410461/2018
JUDGMENT
The complaint that the claimant was unfairly dismissed 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 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.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Regional Employment Judge Parkin Date: 7 August 2018[1]Independent Financial Matters Ltd (in creditors’ voluntary liquidation) Mr D Connolly[3]Mr A Wood HELD AT: Manchester ON: 27 February 2019 BEFORE: Employment Judge Franey Ms MT Dowling Dr H Vahramian REPRESENTATION: Claimant: Respondents: Mr R James (Lay Representative) Did not attend[1]All claims against Mr Connolly and Mr Wood personally are dismissed upon withdrawal by the claimant.[2]The complaint of direct race discrimination against the first respondent succeeds. The first respondent discriminated against the claimant because of nationality in failing to provide her with a working telephone from May 2017, in moving her to a cold back office in January 2018, in the events of 7 February 2018, and in dismissing her on 12 February 2018.[3]The first respondent is ordered to pay the claimant the total sum of £13,840.33 calculated as follows:(a) compensation for financial losses following dismissal £1,546.38(b) interest on that sum £ 63.58(c) compensation for injury to feelings £10,000.00(d) interest on that sum £ 926.37(e) failure to provide a written statement of terms £1,304.00 £13,840.33 Case No. 2410461/2018 2