Mr A Jevstafjevs v Monolith (UK) Ltd — 2023

The tribunal considered two preliminary complaints at East London Employment Tribunal on 3 November 2023. In claim 3203852/2022, Mr A Jevstafjevs alleged unfair dismissal. The tribunal found that he had been employed by Monolith (UK) Ltd for less than two years, so he was not entitled to bring an unfair dismissal complaint under section 108 of the Employment Rights Act 1996. He did not give an acceptable reason, despite being given the opportunity, why the complaint should not be struck out, and the unfair dismissal complaint was struck out.

In claim 3204308/2022, the claimant alleged disability discrimination. The tribunal accepted that he had provided medical evidence showing a back injury and associated pain between 4 January 2022 and 22 June 2022, when he completed rehabilitation, but found that this was a period of just under six months. He confirmed that he had no further evidence to show the impairment was long-term, and the tribunal was satisfied that it did not meet the Equality Act 2010 definition of disability because it had not lasted, and was not likely to last, 12 months.

The tribunal held that there was no reasonable prospect of the claimant establishing that he was a disabled person for the purposes of the Equality Act 2010. He again did not give an acceptable reason why the complaint should not be struck out. The disability discrimination claim was therefore struck out, and claim number 3204308/2022 was dismissed in its entirety. The judgment records that the claimant's other complaints in claim number 3203852/2022 were not affected by this decision.