Automated Summary
Key Facts
The Employment Tribunal dismissed Bilyana Stoeva's claims of unfair dismissal and notice pay against London Tara Hotel Limited. The unfair dismissal claim was rejected due to insufficient 2-year continuous service, and the notice pay claim was dismissed for being out of time by 16 months. A prior COT 3 settlement agreement (2200849/2023) also barred these claims. No further outstanding claims exist in case 6004893/2024.
Issues
- If the present claims are barred by a prior COT 3 settlement agreement, which precluded the claimant from bringing further claims against the respondent.
- The claimant's eligibility for an unfair dismissal claim based on having at least 2 years of continuous employment with the respondent.
- Whether the notice pay claim was filed within the 3-month time limit following termination.
Holdings
- The claim for notice pay is dismissed because it was made outside the time-limits. The unfair dismissal claim would have been dismissed for the same reason.
- There are no further outstanding claims in 6004893/24.
- Both claims would have been struck out anyway as vexatious because they are covered by a COT3 settlement.
- The claim for unfair dismissal is dismissed because the claimant does not have sufficient length of service to make the claim.
Remedies
The claim for unfair dismissal was dismissed because the claimant did not have sufficient continuous employment (2 years). The notice pay claim was dismissed as it was brought outside the 3-month time limit from termination. Both claims would have been struck out as vexatious under a prior COT 3 settlement agreement, but were already dismissed on other grounds.
Legal Principles
The claim was dismissed under the principle of res judicata, as a prior COT 3 settlement agreement (dated 26 April 2023) barred the claimant from bringing claims related to her 2022 employment with the respondent. The agreement explicitly prohibited the claimant from initiating further claims against the respondent for employment-related matters, including the current unfair dismissal and notice pay claims.
Cited Statute
Employment Rights Act 1996
Judge Name
Lewis
Passage Text
- The claim for notice pay is dismissed because it was made outside the time-limits.
- Both claims would have been struck out anyway as vexatious because they are covered by a COT 3 settlement.
- The claim for unfair dismissal is dismissed because the claimant does not have sufficient length of service to make the claim.