Miss J Jones v Delifresh Ltd: 2414149/2019

EMPLOYMENT TRIBUNALS
Case No 2414149/2019
Miss J JonesClaimantDelifresh LimitedRespondent
Employment Judge Aspinall DateDate 13 August 2020

JUDGMENT

The complaint of UNFAIR DISMISSAL is struck out.

REASONS

By a letter dated 9 January 2020 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 under Section 108 of the Employment Rights Act 1996 claimants are not entitled to bring a complaint of unfair dismissal unless they were employed for two years or more except in certain specific circumstances which did not appear to apply in the claimant’s case. The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The decision of the Tribunal made on 29 January 2020 is that the complaint of UNFAIR DISMSSAL is therefore struck out. The claimant’s remaining claim(s) for DISABILITY DISCRIMINATION has been listed for a preliminary hearing on 21 May 2020. JUDGMENT The claim is struck out. REASONS[1]By a letter dated 18 July 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claimant had not complied with the case management Order of the Tribunal dated 29 January 2020 and the claim has not been actively pursued.[2]The claimant has failed to make representations why this should not be done or to request a hearing. The claim is therefore struck out.[3]The hearing fixed for 22 September 2020 will not take place.