Miss Jade Haddow v Respondent — 2018

At a case management preliminary hearing in Glasgow on 17 October 2018, Employment Judge Ian McPherson sat alone in the claimant's absence. The respondents attended through their director and manager. Having considered the ET1, the ET3 and the information available, the tribunal found that Miss Haddow did not have two years' continuous service with Premier Convenience Ltd, as required by s.108 Employment Rights Act 1996, and dismissed her ordinary unfair dismissal complaint for lack of jurisdiction. The tribunal also recorded that the ET1 did not tick any unlawful discrimination boxes and that the claimant had answered 'no' to having a disability.

The tribunal further noted that the claimant had not attended or been represented and had given no explanation despite attempts to contact her and earlier letters dated 22, 25 and 29 August 2018. On that basis it said she was not actively pursuing her other complaints of notice pay, holiday pay and other payments, and stated that, had it not already dismissed the unfair dismissal complaint, it would have considered striking those matters out under Rule 37 for failure to actively pursue the claim.

At the end of the hearing the respondents made an oral application for a Preparation Time Order, saying they had spent six hours preparing the ET3 and associated papers and seeking £228 at the £38 hourly rate. The tribunal reserved that application, directed the claimant to file written representations within 14 days, and indicated that if the application was opposed it was provisionally minded to deal with it on the papers.