Mrs L Yacomine v ACS Group Service Ltd: 3312072/2024
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.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. The claimant’s other complaints are not affected by this judgment. Approved by: Employment Judge Gumbiti-Zimuto Date: 9 October 2025[1]There is no reasonable prospect of the original decision being varied or revoked.[2]The claimant appears to be making an application for reconsideration but may in fact be making a complaint. I only deal with this matter as an application for reconsideration.[3]Rule 90 of the Employment Tribunal Procedure Rules 2024 (the Rules) provides as follows: Correspondence with the Tribunal: copying to other parties 90.—(1) Where a party sends a communication to the Tribunal it must send a copy to all other parties, and state that it has done so (by use of “cc” or otherwise). (2) Paragraph (1) does not apply to an application for an order under rule 34 (requirement to give evidence) or to the detailed grounds accompanying an application under rule 93(4) (national security proceedings). (3) The Tribunal may order a departure from this rule where it considers it in the interests of justice to do so. I do not consider it is necessary to depart from the rule set out above. Case No: 3312072/2024[4]Rule 69 provides that an application for reconsideration must be made within 14 days of the date on which the written record of the judgment sough to be reconsidered was sent to the parties or the date that the written reasons were sent, if these were separately.[5]Rule 70 (2) provides (2) that if the Tribunal considers that there is no reasonable prospect of the judgment being varied or revoked (including, unless there are special reasons, where substantially the same application has already been made and refused), the application must be refused and the Tribunal must inform the parties of the refusal.[6]The claimant states that “the respondent’s bundle included an email from me agreeing to accept a payment of £1,500. This payment was never made. The respondent only paid £1,147. This discrepancy was not explored or addressed by the Judge, and I was not given any opportunity to clarify it. It is a central point that should have been examined, yet it appeared to be overlooked.”[7]At the hearing the claimant had every opportunity to present any argument that she desired to present on the facts of the case. I considered each point that was put before me.[8]I have reviewed the judgment that was given to the claimant and I am satisfied that I considered all matters put before me by the claimant and the respondent. There was an express reference to the £1500 figure and the payment of £1147 was express considered by me. Further it is clear from the judgment that the claimant’s claim succeeded as set out in the declaration. I heard evidence that the claimant had received payments from the respondent at various times and it was my conclusion that those payments amounted to £2192. These sums included the payment of £1,147 referred to by the claimant and the final declaration clear references the claimant’s claim about £1500.[9]There are no grounds for a reconsideration, I considered all the evidence presented to me. Approved by: