Miss I Molnar v Martindales Ltd: 2411141/2019
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. Case No: 2411141/2019 Employment Judge Ainscough Date: 15 November 2019[1]By consent, the claimant was a disabled person pursuant to section 6 of the Equality Act 2010 (“the 2010 Act”) at all material times for the purposes of the claims which are allowed to move to final hearing by reason of endometriosis.[2]The claim of breach of contract is dismissed on withdrawal by the claimant.[3]The application by the claimant to amend her claim in order to advance claims of direct disability discrimination pursuant to section 13 of the 2010 Act, indirect disability discrimination pursuant to section 19 of the 2010 Act and failures to make reasonable adjustments pursuant to sections 20/21 and Schedule 8 of the 2010 Act is dismissed on withdrawal by the claimant. Case Number: 2411141/2019 2[4]The application by the respondent that the remaining claims of disability discrimination be struck out pursuant to Rules 37(1)(a) of Schedule I to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the 2013 Rules”) is dismissed on withdrawal by the respondent.[5]The claims of disability discrimination permitted to move to final hearing are claims of discrimination arising from disability advanced pursuant to section 15 of the 2010 Act and claims of victimisation advanced pursuant to section 27 of the 2010 Act.[6]It is not appropriate to make a Deposit Order pursuant to the provisions of Rule 39 of the 2013 Rules in respect of the claims of disability discrimination permitted to move to final hearing.[7]The claim advanced pursuant to section 11 of Employment Relations Act 1999 (“the 1999 Act”) of failure to allow the claimant to be accompanied pursuant to section 10 of the 1999 Act is struck out pursuant to Rule 37(1)(a) of the 2013 Rules as having no reasonable prospect of success.[8]Case Management Orders are issued separately. ___________________________________ EMPLOYMENT JUDGE A M BUCHANAN