Mr J Lazarus v Dyson Ltd: 1401224/2022
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make an unfair dismissal complaint.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring such a complaint.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.[1]By a letter dated the 8th of April 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint seeking entitlement to a statutory redundancy payment should not be struck out because: Under Sections 163 & 177 of the Employment Rights Act 1997 Claimants are not entitled to bring a complaint of failure to pay a redundancy payment unless they were employed for two years or more. The Claimant was employed for less than two years.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of entitlement to a statutory redundancy payment is therefore struck out.[3]The claimant’s remaining claim(s) remains listed for hearing