Mr P Verboci v RTI Extrusions Ltd and Howmat Ltd: 1803070/2020

EMPLOYMENT TRIBUNALS
Case No 1803070/2020
Mr P VerbociClaimantRTI Extrusions Limited [1] Howmat Limited [2] TELEPHONE PRIVATE PRELIMINARYRespondent
Employment Judge S ShoreIn person for claimantMr M Warren-Jones (instructed by Solicitor) for respondentDate 26 February 2021

JUDGMENT

[1]The claimant’s claims of unfair dismissal and failure to pay a statutory redundancy payment are dismissed upon withdrawal against the second respondent, Howmat Limited.[2]The claims against the first respondent will proceed to a final hearing. Employment Judge Shore 28 September 2020 : Case No: 1803070/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr P Verboci Respondent: RTI Extrusions Limited HELD by CVP in Sheffield ON: 18 February 2021 BEFORE: Employment Judge Brain REPRESENTATION Claimant: In person Respondent: Mr M Warren-Jones, Solicitor[1]The claimant was dismissed by the respondent because he was incapable (for medical reasons) of performing work of the kind which he was employed by the respondent to do.[2]The dismissal of the claimant for that reason was fair.[3]Accordingly, the claimant’s complaint that he was unfairly dismissed by the respondent fails.[4]Accordingly, the claimant’s claim that he is entitled to a redundancy payment fails.