Mr S Sommerville and others v Brymor Group Southern Ltd and others: 1406187/2023 and others
EMPLOYMENT TRIBUNALS
Case No 1406187/2023, 1406190/2023, 1406207/2023, 1406220/2023, 1406221/2023, 1400003/2024, 1400392/2024, 1400393/2024
Between
Mr S SommervilleClaimantBrymor Group Southern LimitedRespondent
Before
Employment Judge CadneyMr Wood (instructed by counsel) for claimantNo appearance for respondentDate 6 December 2024
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 has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[4]Accordingly, the complaint of unfair dismissal is struck out. The Claimant’s other complaints are not affected by this judgment. _____________________________ Employment Judge Cadney Date: 30th January 2024 Brymor Group Southern Ltd Brymor Group Holdings Ltd[3]Secretary of State or Business and Trade Heard at: Bristol On: 6 December 2024 Before: Employment Judge Dawson Appearances For the claimant: Mr Wood, counsel For the respondents: No appearance[1]The first respondent failed to comply with the requirements of ss188-190 Trade Union and Labour Relations (Consolidation) Act 1992.[2]The complaints for protective awards by the claimants are therefore wellfounded and succeed in respect of all those employed at the establishment of Brymor House, Parklands Business Park, Forest Road, Denmead, PO7 6XP, and dismissed on 15 and 16 November 2023. Case Numbers: 1406187/2023, 1406190/2023, 1406207/2023, 1406220/2023, 1406221/2023, 1400003/2024, 1400392/2024, 1400393/2024, 1400394/2024, 1400395/2024, 1400396/2024, 1400397/2024, 1400398/2024, 1400399/2024, 1400400/2024, 1400401/2024, 1400402/2024, 1400403/2024, 1400404/2024, 1400405/2024, 1400406/2024, 1400407/2024, 1400408/2024, 1400409/2024, 1400410/2024, 1400411/2024, 1400412/2024, 1400413/2024, 1400414/2024, 1400415/2024, 1400416/2024, 1400417/2024, 1400418/2024[3]The first respondent is ordered to pay remuneration (that is a protective award) to the class of employees identified at paragraph 2 above including for the avoidance of doubt those whose names are set out in the schedule hereto.[4]The protective award is for 90 days beginning on 16.11.2023 being the date on which the first of the dismissals to which the complaint relates took effect.[5]All other claims are dismissed.