Miss SL Elliott v Miocare Group Ltd: 2413459/2019 and 2402622/2020

EMPLOYMENT TRIBUNALS

Case No 2413459/2019, 2402622/2020

Between

Miss SL ElliottClaimant

MiocareRespondent

Before

Employment Judge Franey

Date 16 October 2020

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 claim has no reasonable prospect of success.

[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]The other complaints are not affected by this Judgment and remain listed for a case management hearing on 30 January 2020. ____________________________ Employment Judge Franey 10 December 2019

[1]The following claim and complaints made by the claimant are struck out:a. Her claim that she was treated detrimentally as a result of making a public interest disclosure (under Rule 47B of the Employment Rights Act 1996) (claim number 2402622/20).

b. All her complaints of direct race discrimination brought under claim number 2413459/19.

c. Her complaints of direct sex and/or disability discrimination as recorded as less favorable treatment (a) in the Case Management Order made following the hearing on 30 January 2020 (that is that she alleges that the less favorable treatment was the failure to deal with the incident on 7 July 2019 in accordance with the respondent’s policies and procedures in that they failed to provide the claimant with the correct paperwork, a debriefing and the correct follow up care), in claim number 2413459/19.

[2]The claimant’s remaining complaints of direct sex and/or direct disability discrimination contained in claim number 2413459/19 are unaffected by this judgment and will be considered at the final hearing of the case.

[1]The claimant was ordered to pay a deposit of £20.00 in relation to each of the claim and complaints set out at para 1 (a)-(c) above following a preliminary hearing held on 15 July 2020. The Order was sent to the claimant on 28 July 2020. The claimant has confirmed that she has decided not to pay the deposits ordered. The claims and complaints set out at para 1(a) – (c) of the are therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.

[2]The hearing fixed for 13-15 October 2020 will still take place to deal with the claimant’s other complaints of direct sex and direct disability discrimination. Employment Judge McDonald Date: 14 September 2020