Mr J Fordham v Bang Tidy Clothing Ltd: 1807364/2019
JUDGMENT
The complaint of Unfair Dismissal is struck out.REASONS
[1]By a letter dated 19th December 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of Unfair Dismissal should not be struck out because The tribunal has no jurisdiction to hear it, where the Claimant was employed for less than two years[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of Unfair Dismissal is therefore struck out.[3]The claimant’s remaining claim(s) remains listed for hearing on 20th February 2020. _____________________________ Employment Judge Lancaster 17th January 2020 Case No: 1807364/2019 (A) 1 EMPLOYMENT TRIBUNALS Telephone Hearing Claimant Mr J Fordham Respondent: Bang Tidy Clothing Limited HELD AT: Sheffield ON: 26 May 2020 BEFORE: Employment Judge Little REPRESENTATION: Claimant: In person Respondent: Mr Collinson, Director[1]The claimant presented a claim to the Tribunal in which he complained of unfair dismissal and wrongful dismissal.[2]He had only been employed for approximately three months and accordingly did not have sufficient qualifying employment (two years) in order to have the right not to be unfairly dismissed. It was for this reason that on 17 January 2020 Employment Judge Lancaster dismissed that part of the claim.[3]The remaining complaint, wrongful dismissal, must be based on a contention that an employee has been dismissed without notice and so in breach of contract. However in Mr Fordham’s case he candidly accepts that he was dismissed with notice or at least was paid for his notice period. In those circumstances he had not been dismissed in breach of contract in my judgment. Case No: 1807364/2019 (A) 2[4]Although the claimant had been taken on as a digital marketing apprentice, I understand that the ending of this employment did not bring an end to the apprenticeship. The apprenticeship was with a third party B2W and it appears that that apprenticeship arrangement continues even though this employment does not.[5]It is for these reasons that I have dismissed the remaining complaint.