Mr B Baldovin v Rowan International Ltd: 3207241/2021
JUDGMENT
[1]The claimant brought a complaint of bullying and harassment. The ET1 did not identify the protected characteristic within the Equality Act that the claimant relies on for the purpose of making a claim of bullying and harassment.[2]On 13 December 2021 the claimant was asked to reply to the Tribunal providing the protected characteristic relied on. By email dated 19 December 2021 the claimant asked for an extension until 15 January 2022 to respond. On 27 January 2022 the Tribunal wrote to the claimant apologising for issuing incomplete information and asking the claimant to respond in writing by 10 February 2022 identifying the protected characteristic relied on.[3]The claimant has failed to respond.[4]The Tribunal has no jurisdiction to hear the claim for bullying and harassment and the claim is dismissed.[5]The hearing listed for 17 May 2022 is vacated.REASONS
[1]The claimant complains of unfair dismissal.[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 these proceedings.[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. By a Strike out Warning dated 13 December 2021 the claimant was given until 20 December 2021 to respond. By email dated 19 December 2021 the claimant asked for an extension until 15 January 2022 to respond to the Strike out Warning. The claimant has failed to provide any response.[6]Accordingly, the claim is struck out and the hearing date of 17 May 2022 is vacated.