S M Jari Jafri v Ocado Central Services and C Eldridge: 3314185/2021
JUDGMENT
[1]The following complaints were, at the case management hearing on 30 August 2022, dismissed on withdrawal by the claimant:-a. The claimant’s claim, made in his ET1 dated 8 August 2021, that the respondent acted in breach of its duty of care, to the extent that this is presented as a distinct cause of action. This is because breach of duty of care is not a claim that the Tribunal has jurisdiction to consider.b. The claimant’s claim, made in his ET1 dated 8 August 2021, that he was unfairly dismissed contrary to section 94 of the Employment Rights Act 1996, to the extent this claim requires at least two years’ continuous service by virtue of section 108(1) of that Act. The claimant accepts that he did not, at the effective date of termination of his contract, have this length of service.c. _____________________________ Employment Judge Cotton Date: 20 September 2022 10/10/2022 Sent to the parties on: ....................... J Moossavi ............................................................ . Case Number: 3314185/2021 2 Note: Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.[2]Case No: 3314185/2021 6.2 Strike out Judgment – claim - rule 37 EMPLOYMENT TRIBUNALS Claimant: Mr S Jafri Respondent:(1) Ocado Central Services Ltd(2) Carl EldridgeREASONS
[1]By a letter dated 7 February 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because:- the claimant had not complied with the Orders of the Tribunal made at a hearing on 30 August 2022 and set out in a Case Management Order dated 10 September 2022. He was asked to provide, by 27 September 2022, specified information about the acts complained of.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. He was asked to do this by 7 March 2023, in a strike out warning dated 21 February 2023. The claim is therefore struck out.[3]The hearing fixed for 16, 17, 18 and 19 October 2023 will not take place.