Miss S Henderson v Peninsula Business Services Ltd: 2603571/2019

EMPLOYMENT TRIBUNALS

Case No 2603571/2019

Between

Miss S HendersonClaimant

Peninsula Business Services LtdRespondent

Before

Employment Judge P Britton

In person for claimant

Date 17 January 2022

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 P Britton Date: 12 March 2020 Case Number: 2603571/2019 1 EMPLOYMENT TRIBUNALS Claimant: Miss S Henderson Respondent: Peninsula Business Services Ltd

[1]The complaints of an unlawful deduction of wages and breach of contract were presented out of time. It was reasonably practicable to present them in time. The complaints of an unlawful deduction of wages and breach of contract are therefore struck out.

[2]The issue of whether the complaint of disability discrimination was presented in time shall be determined at the full merits hearing, if necessary.

[3]By consent, the Claimant was at all material times a ‘disabled person’ within the meaning of section 6 and Schedule 1 of the Equality Act 2010 in relation to the impairments of borderline personality disorder and anxiety and depression.

[4]The Claimant was at all material times a ‘disabled person’ within the meaning of section 6 and Schedule 1 of the Equality Act 2010 in relation to the impairments of stress and an eating disorder.

[5]The case is listed for a Preliminary Hearing before an Employment Judge sitting alone on Wednesday 11 May 2022 at 11.00am to determine whether the complaints of disability discrimination and the counterclaim should be struck out if it is considered they have no reasonable prospects of success. Case Number: 2603571/2019 2

[6]Case management orders in respect of the Preliminary Hearing are given separately. Employment Judge Ahmed Date: 17 January 2022 Covid-19 Note: This has been a remote hearing by telephone which has not objected to by the parties. The form of remote hearing was by telephone. A face to face hearing was not held because it was not practicable due to the Covid-19 Pandemic and all issues could be determined in a remote hearing.