Mr C Ekeanyanwu v Cordant Security Ltd: 2203785/2021
JUDGMENT
The complaint of unfair dismissal is struck out.REASONS
[1]By a letter dated 29 June 2021 the Tribunal gave the Claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because• It appears that the Claimant was employed for less than 2 years. If this is so, the Tribunal cannot consider the Claimant’s complaint that he was unfairly dismissed.[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 complaint of unlawful deduction from wages remains listed for hearing on 1 February 2022. 26 January 2022 Employment Judge Baty[1]That the Respondent was contractually required to offer the Claimant 259.42 hours of paid work between 12th June 2020 and 25th February 2021 - or to pay him for any of those 259.42 hours that they did not offer to him in that period. This was their “Minimum Hours Obligation”.[2]That the Respondent, in fact, offered the Claimant 707.49 hours between September 2020 and January 2021. The Claimant worked and was paid for those 707.49 hours.[3]That the Respondent offered 448.07 hours more work to the Claimant in that 4 month period than the Minimum Hours Obligation required for the entire 12 month period.[4]That the Respondent had, therefore, met all of their obligations to pay wages to the Claimant which were properly due on the date his employment ended.[5]That the claim for unlawful deduction from wages is not made out and is dismissed. Judge M Aspinall on Tuesday, 1st February 2022 Note Reasons for this judgment having been given orally at the hearing, written reasons will not be provided unless they are requested - by either party - within 14 days of this notice being sent. 2203785-2021 Ekeanyanwu: 01-02-2022 Judgment Page 2 of 2