Mr R Sullivan v Almas Industries UK Ltd: 2202317/2020

EMPLOYMENT TRIBUNALS

Case No 2202317/2020

Between

Mr R SullivanClaimant

Almas Industries UK LtdRespondent

Before

Employment Judge P Klimov, sitting alone

In person for claimant

Date 16 December 2020

[1]The principal reason for the claimant’s dismissal was not one of the reasons set out in sections 101A(1)(a), 101A(1)(b) or 104(1)(b) of the Employment Rights Act 1996 (ERA). Therefore, the claimant cannot be automatically regarded for the purposes of Part IX of ERA as unfairly dismissed.

[2]The principal reason for the claimant’s dismissal was the respondent’s decision to cut costs of personnel due to the ensuing Covid-19 pandemic.

[3]The claimant has not been continuously employed by the respondent for a period of not less than two years ending with the effective date of termination, to have the right to bring an “ordinary” unfair dismissal claim under section 94 of ERA.

[4]Therefore, his claim of unfair dismissal fails and is dismissed. Case Number 2202317/2020 (V) 2 ______________________________ Employment Judge P Klimov 16 December 2020 Sent to the parties on: 17/12/2020 For the Tribunals Office Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant (s) and respondent(s) in a case.