Mr A Shamoo v Transport for London Underground Ltd and London Underground Ltd: 3312589/2022
JUDGMENT
[1]The complaint of unfair dismissal is struck out.[2]The claimant’s remaining claims will proceed to hearing on 30 September 2024.REASONS
[1]At the preliminary hearing on 20 July 2023 the claimant’s representative accepted that the claimant cannot claim ‘ordinary’ unfair dismissal because he worked for the respondent(s) for less than two years.[2]She also accepted that the complaint of discrimination in relation to the dismissal is not a complaint of ‘automatic unfair dismissal’. Rather, it is a complaint of discriminatory dismissal, which is proceeding to hearing.[3]The judge at the preliminary hearing allowed the claimant’s representative time to consider with the claimant whether the complaint of unfair dismissal should be withdrawn, and ordered that if the claimant did not confirm his position by 3 August 2023, a judge would consider whether the complaint of unfair dismissal should be struck out.[4]The claimant has not confirmed his position in relation to the complaint of unfair dismissal. For the reasons explained above, the complaint of unfair dismissal does not have reasonable prospects of success and is therefore struck out.[5]The remaining complaints will proceed to hearing, including the complaint of discriminatory dismissal. Case Number: 3312589/2022 Page 2 of 2