Miss K Ciochon v Nevill Arms Inn and Restaurant: 2601080/2019

EMPLOYMENT TRIBUNALS

Case No 2601080/2019

Between

Miss K CiochonClaimant

Nevill Arms Inn & RestaurantRespondent

Before

Employment Judge Britton

Members

Ms R Wills

Ms J M Bonser

Ms Williams (instructed by Counsel) for respondent

Date 13 September 2024

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 Britton Date: 24 July 2019 Case No: 2601080/2019 1.18 UDL – length of service - strike out judgment -.part claim

[1]UPON APPLICATION of the Claimant made by letter dated 29 July 2019 to reconsider the judgment dated 24 July 2019 under rule 71 of the Employment Tribunals Rules of Procedure 2013, I grant the application for the reasons as set out in the letter sent out at my direction dated 9 August 2019.Thus a claim of unfair dismissal by reason of pregnancy pursuant to s99 of the Employment Rights Act 1996 will proceed together with the claim which was not struck out of pregnancy related discrimination pursuant to s18 and s39 (2 (b) ) of the Equality Act 2010.

[2]The Claimant having provided particulars pursuant to the Tribunal’s order of 24 July 2019 the claim for race discrimination is also permitted to proceed.

[3]The Respondent will now file its response within 28 days of the issue of this Judgment. _____________________________ Employment Judge P Britton Dated: 8 August 2019 CASE NO: 2601080/2019 1 EMPLOYMENT TRIBUNALS Claimant: Miss K Ciochon Respondent: Mr Mark Kempe T/A Neville Arms and Neville Arms Inn Final Hearing Heard at: Nottingham On: 17-19 May 2021 Before: Employment Judge Blackwell Members: Ms R Wills Ms J M Bonser Representation Claimant: Ms Suwalska-Pawlik, non-legal representative Respondent: Ms Williams of Counsel Covid-19 statement: This was a hybrid hearing. The parties did not object to the case being heard remotely. The form of remote hearing was V – video. It was not practicable to hold a face-to-face hearing because of the Covid-19 pandemic.

[1]The claim of automatic unfair dismissal pursuant to Section 99 of the Employment Rights Act 1996 fails and is dismissed.

[2]The claim of unfavourable treatment pursuant to Section 18 of the Equality Act 2010 also fails and is dismissed.

[3]The claim of direct discrimination on the basis of protected characteristic of race pursuant to Section 13 of the Equality Act 2010 also fails and is dismissed. CASE NO: 2601080/2019 2