Mrs M Anastasiou v Ada, National College for Digital Skills: 3307021/2022
JUDGMENT
[1]The Claimant’s claim of unfair dismissal is struck out, as the Tribunal lacks jurisdiction because the Claimant did not have two years of continuous service. EJ Maxwell Date: 6 October 2022 3 November 2022 N Gotecha[3]1. The following complaints are struck out.a. All of the direct age discrimination claims (as identified in paragraph 1 of Deposit Order)b. All of the direct sex discrimination claims (as identified in paragraph 2 of Deposit Order)REASONS
[1]The claimant was ordered to pay 6 deposits of £10.00 (each) for the respective allegations or arguments that underlie each of the above-mentioned complaints. This was at a hearing on 10 May 2023.[2]The Order was sent to the claimant on 13 June 2023. The claimant has failed to pay any of the deposits (by the required date of 18 July 2023 or at all.[3]The complaints mentioned above are therefore struck out.[4]The Claimant’s application for an extension of time dated 1 September 2023 is refused.a. The Claimant was aware of the orders both from being at the hearing and from the fact that they were sent to her by email. It is not relevant that she was out of the country. (In any event, she has neither specified the dates that she was abroad, and nor has she supplied proof.)b. The Claimant refers in passing to having been unwell. She has not given details of the nature of the illness, or of the dates. Her reference to having “missed an email” implies that she was not to ill to have paid the deposit, but rather that she was unaware of the relevant date. In any event, there is no evidence that she either contacted the Tribunal for information about the date for payment, or to request an extension of time, until she wrote to the Tribunal 7.6C Deposit not paid – Judgment - claimant Rule 39 on 1 September 2023, a few hours after the Respondent’s email to the Tribunal.[5]The final hearing remains as listed. Either party is at liberty to apply for a variation in the duration of, or the preparation orders for, that final hearing. However, in the meantime, both parties must comply with existing orders.