Mr D Szawlowski v Traffic Agents com Ltd: 1804739/2023
JUDGMENT
The complaints that the claimant was unfairly dismissed and/or entitled to a redundancy payment are 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]The claimant also claims a redundancy payment.[7]Section 155 of the Employment Rights Act 1996 similarly requires a claimant to have not less than two years service to make a claim for a redundancy payment.[8]It necessarily follows that this complaint too must be struck out in the absence of any acceptable reason why the two years service requirement does not apply to oust the tribunal’s jurisdiction[9]Accordingly, the complaints of unfair dismissal and for a redundancy payment are both struck out. The claimant’s other legally permissible complaints are not affected by this decision and are subject to a separate judgment.[1]The claim was issued in the Leeds Employment Tribunals on 22 August 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The Tribunal declares the respondent made unauthorised deductions from the claimant’s wages. The respondent is ordered to pay the claimant,a. In relation to unpaid wages from May 2023, the gross sum of £1700b. In relation to 9 days unpaid accrued holiday, the gross sum of £850[3]The claimant was dismissed in breach of contract (notice pay) and the respondent must pay damages to the claimant of £850. The hearing listed on 12 December 2023 cancelled.