Mrs S Pethers v Fairfield Garage (Leigh on Sea) Ltd: 3205974/2021
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]By a letter dated 17/2/2022 the Tribunal gave the Claimant an opportunity to make representations, as to why the complaint of unfair dismissal should not be struck out because she did not have the required two years continuous employment to bring such a claim and did not appear to fall within any of the exceptions to the two year rule.[2]The Claimant has not responded directly to the Tribunal on this issue but set out her position on the two year rule to the respondent by letter dated 9th March 2022 which is therefore treated as her response on this issue. None of what the claimant says brings her within any of the exceptions to the two year rule - just because it is a constructive dismissal claim does not mean that the two year rule does not apply. The complaint of unfair dismissal is therefore struck out.[3]The Claimant’s remaining claims will be considered at the preliminary hearing on 9/5/22.