Mr M Ullah v Andersen Textiles Ltd: 2406002/2019
JUDGMENT
[1]The complaint that the claimant was unfairly dismissed is struck out.[2]The reference to determine entitlement to a Redundancy Payment is struck outREASONS
[1]The claimant’s complaints include a complaint of unfair dismissal.[2]The claimant also claims to be entitled to a redundancy payment.[3]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.[4]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service in order to have the right to a redundancy payment.[5]The claimant was employed by the respondent for less than two years.[6]Therefore, the claimant is not entitled to bring a complaint of unfair dismissal and is not entitled to a redundancy payment.[7]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.[8]Accordingly, the complaint of unfair dismissal and the reference to determine entitlement to a redundancy payment are struck out. Case No: 2406002/2019[9]The claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Slater Date: 16 July 2019[1]The claimant's claims were in respect of wages and holiday pay.[2]The claimant was not present for the hearing. Telephone calls were made and he responded by email at 10:26 to say that he had lost the email which told him that he was supposed to be in Tribunal today. As the respondent was present I was satisfied that the claimant had been given notice of the hearing and that I should proceed with the hearing in the absence of the claimant.[3]Having heard the sworn evidence of Mr Salim Mirza who was responsible for wages, and having considered a spreadsheet setting out all payments made to or on behalf of the claimant, I am satisfied that the claimant has been paid all wages due to him including his week in hand and holiday pay.[4]The claimant's claims are therefore dismissed. Case No. 2406002/2019 2[5]If the claimant does not accept that all wages due to him have been paid and wishes to apply for reconsideration of this Judgment then he can do so. Employment Judge Sherratt 12 November 2019