Ms A Mahmood v Mr N Aslam and Al Futuwwa Education Ltd T/a Lady Aisha School: 3202550/2021
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out against both respondents.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 against both respondents.[8]The claimant’s other complaints are not affected by this judgment. Employment Judge Jones 21 January 2022 Case No: 3202550/2021 6.3 Strike Out Judgment – claim – part - rule 37 EMPLOYMENT TRIBUNALS Claimant: Ms A Mahmood Respondent:(1) Mr Neam Aslam(2) Al Futuwwa Education Ltd t/a Lady Aisha School«resp_others»[1]In the preliminary hearing dated 16 November 2021, recorded in the minutes sent to the parties on 17 November 2021, the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaints of a failure to pay notice pay and unpaid wages should not be struck out against the First Respondent because he had not employed her in a personal capacity.[2]The claim is struck out because: -• the claimant has not complied with the Order of the Tribunal dated 17 November 2021.• 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 complaint of failure to pay notice pay and unpaid wages are therefore struck out against the First Respondent.[3]Those complaints continue against the Second Respondent.[4]The claimant’s remaining claim(s) remains listed for hearing on 23, 24 and 25 May 2023.