Miss L Topi v Great Greek Grill House — 2022

The tribunal struck out Miss Topi's claim. It found that she had less than the two years' continuous employment needed to bring an unfair dismissal complaint and that she had not pleaded that any exception under section 104 of the Employment Rights Act 1996 applied. By letter dated 10 January 2022, she was given until 24 January 2022 to say whether any exception applied, but no response was received.

The tribunal also recorded that the claimant did not engage with the respondent or the proceedings, including failures to provide witness statements, to communicate about relevant documents, and to agree a bundle. By email dated 31 January 2022, the tribunal warned that it was considering strike out under rule 37 for non-compliance and/or because the claim had not been actively pursued, and gave the claimant until 7 February 2022 to make representations or request a hearing. No response was received. The tribunal therefore struck out the claim for non-compliance and lack of active pursuit, and separately recorded that the unfair dismissal complaint was struck out because it had no jurisdiction to hear it given the absence of sufficient continuous employment. The hearing listed for 14-15 February 2022 was vacated.