Ms. G. Magnani v Respondent — 2023

Ms G. Magnani presented a claim on 14 August 2023 alleging unfair dismissal. Employment Judge Goodman recorded that she had worked for the respondent company for less than four months when dismissed, so she did not have the two years’ qualifying service required to bring an unfair dismissal claim unless one of the statutory exceptions applied.

The tribunal wrote to the claimant on 22 September 2023 asking her to show cause why the claim should not be struck out for lack of qualifying service. The claimant did not reply. The judgment also noted that an unfair dismissal claim can only be brought against an employer, and that although Ms Ramdhan was named as respondent, the ACAS early conciliation certificate named both Ms Ramdhan and Cowen Executive Services Ltd. The judge treated the employer as Cowen Executive Services Ltd and Ms Ramdhan as the manager complained about.

The claimant had also mentioned harassment in the claim form, but the tribunal found that nothing in the circumstances suggested harassment because of a characteristic protected under the Equality Act 2010. The judge stated that no other claim for harassment can be brought in an employment tribunal on the facts described.

Having regard to the overriding objective and the absence of any valid claim for the respondent to answer, the tribunal dismissed the claim. No monetary remedy was awarded.