Miss M Janusauskaite v Just Ask Estate Services Limited — 2020

The claimant issued the ET1 on 13 May 2020 and ticked unfair dismissal, race discrimination and redundancy payment. In the form she said she had suffered discrimination on the basis of 'language'. The respondent said the claims were unclear, and Employment Judge R Lewis ordered the claimant on 10 August 2020 to provide further information about what had happened, when, who was responsible and who was present.

The tribunal recorded that although the claimant sent various emails after that order, none answered it. The respondent said it had not received any further particulars and asked that the claim be struck out. Regional Employment Judge Foxwell later said it would be disproportionate to strike out on the parties' written representations alone, so the application was listed for the hearing on 7 April 2021.

The tribunal found that the claimant never provided an adequate or substantive response to the order for further particulars. It also found that she did not have two years' continuous service to bring an ordinary unfair dismissal claim under the Employment Rights Act 1996. The claimant did not reply to the tribunal's enquiry about whether she needed an interpreter and did not attend the hearing.

In those circumstances, the tribunal concluded that the claimant was not actively pursuing her claim and that all claims should be struck out. No substantive findings were made on liability and no remedy was awarded.