Mr J Hydes v Clear Trace Ltd: 2400296/2022
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 Holmes Date: 6 April 2022[1]The claimant’s claim is dismissed under Rule 47 of the Employment Tribunal Rules of Procedure 2019, because the claimant has not attendedthe hearing.
[2]The claimant has brought a claim for unpaid wages, notice pay and holiday pay. The respondent provided a detailed response to the claim asserting that(i) the wages had been paid correctly and the claimant was claiming for hours he had not worked(ii) holiday pay had been correctly paid on termination and(iii) notice pay was not owed (it was not entirely clear to me whether the respondent was asserting it had been paid, or the claimant was not entitled to notice pay).[3]The claim was listed for a final hearing today by CVP. Neither party attended. My clerk attempted to contact the parties by telephone but the claimant had not provided a phone number on the ETRP. The numbers provided by the respondent were no longer operated by that business. The Tribunal was therefore unable to make contact with either party. I am satisfied that the dial-in details for the video conference were sent to the correct email addresses yesterday. Case No:2400296/2022[4]In the circumstances, I am satisfied that the most appropriate way forward is to dismiss the claim, as I am permitted to do by rule 47.