Miss G Dornan v JPL Plumbing and Heating Engineers Ltd: 2402534/2020
JUDGMENT
The complaints that the claimant was unfairly dismissed and that there was a failure to pay a statutory redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and that she was not paid a statutory redundancy payment.[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]Section 155 of the Employment Rights Act 1996 provides that an employee does not have the right to a redundancy payment unless they were continuously employed for two years.[4]The claimant was employed by the respondent for less than two years.[5]Therefore the claimant is not entitled to bring such complaints.[6]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints should not be struck out.[7]Accordingly, the complaints of unfair dismissal and that there was a failure to pay a statutory redundancy payment are struck out.[8]The claimant’s other complaints are not affected by this judgment.[1]By a letter dated 17 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• the claimant had failed to reply to the Tribunal’s letters of 19 March and 23 April 2021;• it has not been actively pursued.[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 claim is therefore struck out.[3]The hearing fixed for 1 September 2021 will not take place.