Miss A Lock v Riatex Ltd: 2600526/2021
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. ________________________ Employment Judge Swann Date: 8/4/2021 Case Number: 2600526/2021 EMPLOYMENT TRIBUNALS Claimant: Miss A Lock Respondent: Riatex Ltd[1]By a letter dated 21 June 2022 the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because the manner in which the proceedings have been conducted by or on behalf of the Respondent has been unreasonable[2]The respondent has failed to make representations in why this should not be done or to request a hearing. The Response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge Ahmed 8 July 2022 Case No 2600526.2021 Page 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Ms A Lock Respondent: Riatex Ltd Heard at: Leicester Hearing Centre, 5a New Walk, Leicester, LE1 6TE On: 31 October 2022 Before: Employment Judge Adkinson sitting alone Appearances For the claimant: Mr M Anastasiades, Solicitor For the respondent: No attendance[1]The claimant’s claim that the respondent failed to make reasonable adjustments fails and is therefore dismissed,[2]The respondent directly discriminated against the claimant because of her disability and also discriminated against her for something arising from her disability. The respondent must therefore pay to the claimant the following: Injury to feelings £13,000.00 Post-employment loss of earnings From 27.11.2020 to 1.3.2021 £5,214.43 Case No 2600526.2021 Page 2 of 2 From 1.3.2021 to 30.6.2021 £1,287.24 Pension contributions 23.11.2020 to 1.3.2021 £195.00 Interest on those sums at 8% per year from 23.11.2020 to 31.10.2022 £3,052.17 Total of the above £22,748.84 AND THE TRIBUNAL FURTHER CONCLUDES AND ORDERS IN ADDITION THAT[3]the respondent failed to pay the claimant her holiday pay, and so must pay to her £541.80 gross, and[4]the respondent made unauthorised deductions from her wages and so must pay to her £1,846.16 gross.