Mr A Finaru v Raina Ltd: 2402148/2021
JUDGMENT
The claimant’s claim is struck out.REASONS
[1]By letter dated 26 November 2021, the Tribunal gave the claimant an opportunity to make representations as to why his claim should not be struck out (or to request a hearing at which to make such representations) because(a) it has not been actively pursued, or(b) it has no reasonable prospects of success.[2]No reply has been received.[3]The claim has not been actively pursued.[4]The claim also has no reasonable prospects of success.[5]To proceed with his complaints of unfair dismissal and a failure to pay a statutory redundancy payment, the claimant will need to establish that he satisfies the definition of an “employee” under section 230(1) of the Employment Rights Act 1996 and if so, that he was continuously employed for a period of not less than two years ending with the date of termination (section 108 Employment Rights Act 1996). The claimant has made no representations in response to the respondent’s assertion that the claimant was engaged as an independent contractor and therefore not an employee for the purposes of section 230(1). In any event, it is not in dispute that the claimant was engaged by the respondent for less than two years (from 5 November 2020 to 27 January 2021). Case No. 2402148/2021[6]The claim is therefore struck out.