Mr T Lycett v Fivestars Ltd: 1404437/2021
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
By a letter dated 5th January 2022 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaints of unfair dismissal and failure to pay a redundancy payment should not be struck out because:[1]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.[2]The claimant was employed by the respondent for less than two years.[3]Therefore, the claimant is not entitled to bring such a complaint.[4]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so following the letter from the Tribunal dated 5th January 2022, why the complaint should not be struck out.[5]Accordingly, the complaint of unfair dismissal and failure to pay a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Rayner Date: 13 March 2022 Judgment sent to parties: 11 April 2022 FOR THE TRIBUNAL OFFICE Case Number: 1404437/2021 EMPLOYMENT TRIBUNALS Claimant: Mr T Lycett Respondent: Fivestars Limited[1]The Respondent’s application for a postponement was refused. First Claimant Case Nos: 1400523/2022 and 1400205/2022 - Mr D Beckett[2]The First Claimant’s claim for unlawful deductions from wages in respect of holiday pay succeeds. The Respondent is Ordered to pay to the First Claimant the sum of £4,136.00 gross (9.4 weeks at £440 per week).[3]The First Claimant’s claim for statutory redundancy pay succeeds. The Respondent Is Ordered to pay the First Claimant statutory redundancy pay of £4,620.00 (1.5 x 7 weeks at £440 per week).[4]The First Claimant’s claim for wrongful dismissal succeeds. The Respondent is Ordered to pay the First Claimant notice pay of £3,080.00 gross (7 weeks at £440 per week).[5]Accordingly the total amount payable by the Respondent to the First Claimant is £11,836.00. Case No: 1404437/2021 1400523/2022 1400205/2022 Second Claimant Case No: 1404437/2021 - Mr T Lycett[6]The Second Claimant’s claim for unlawful deductions from wages in respect of holiday pay succeeds. The Respondent is Ordered to pay to the Second Claimant the sum of £765.60 gross (8.7 days at £88 a day, or 1.74 weeks at £440 per week).[7]The Second Claimant’s claim for unlawful deductions from wages in respect of sick pay succeeds. The Respondent is Ordered to pay to the Second Claimant the sum of £115.62 gross (6 days at the statutory sick pay rate of £19.27 a day).[8]The Second Claimant’s claim for wrongful dismissal succeeds. The Respondent is Ordered to pay the Second Claimant notice pay of £440.00 gross (1 week at £440 per week).[9]Accordingly the total amount payable by the Respondent to the Second Claimant is £1,316.22.