Mr P Prayagee v RR Build and Design Ltd: 1803827/2023
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. Employment Judge Rogerson 19 July 2023 Case Number: 1803827/2023 EMPLOYMENT TRIBUNALS Claimant: Mr P Prayagee Respondent: RR Build and Design Ltd[1]The claimant claims the right to a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant does not have the right to a redundancy payment.[5]The claimant was given the opportunity to explain why the claim for a redundancy payment should not be struck out but has not given an acceptable reason.[6]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment.[7]The claimant’s remaining complaints of breach of contract and holiday pay continue to hearing on 1 September 2023 combined with those of Mr Edelbi (case number 1803843 – 2023. Employment Judge JM Wade Date: 28 July 2023 Case Number: 1803827/2023 EMPLOYMENT TRIBUNALS Claimant: Mr P Prayagee Respondent: RR Build and Design Ltd[1]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant the gross amount of £2,564.10.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £673.07.[3]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant the gross amount of £961.50.