Miss C Coppini v Fortuna Partners Ltd: 2603639/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The Preliminary Hearing listed for 23 March 2020 and the Final Hearing listed for 22, 24 and 25 March 2021 have been postponed. A Notice of Hearing of Remedy is enclosed. _____________________________ Employment Judge Batten Date: 24 February 2020 Case No: 2603639/2019 1.18 UDL – length of service - strike out judgment -.part claim EMPLOYMENT TRIBUNALS Claimant: Ms C Coppini Respondent: Fortuna Partners LimitedREASONS
[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. Therefore, the claimant is not entitled to bring such a complaint.[4]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. Accordingly, the complaint of unfair dismissal is struck out.[5]The claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Batten Date: 24 February 2020 Case No:2603639/2019 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Miss C Coppini Respondent: Fortuna Partners Limited (In Voluntary Liquidation)[1]By a letter dated 20 January 2021 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 it has not been actively pursued.[2]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 claim is therefore struck out.