Mr A Finaru v Velocity Delivery Services: 2410073/2022
JUDGMENT
The complaint that the claimant was unfairly dismissed and the claim for a redundancy payment are struck out.REASONS
[1]By two letters dated the 10 January 2023, the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaints of unfair dismissal and a claim for a redundancy payment should not be struck out because:[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 and claim a redundancy payment.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring such complaints.[5]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. Accordingly, the complaint of unfair dismissal and a claim for a redundancy payment are struck out.[6]The claimant’s other complaint of non-payment of wages is not affected by this judgment. ________________________ Employment Judge Johnson Date: 26 May 2023[1]There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.[2]The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.[3]The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.[4]Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.[5]Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.[6]If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.[7]If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.[8]If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.[9]The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way. Case No:2410073/2022 EMPLOYMENT TRIBUNALS Claimant: Mr A Finaru Respondent: Velocity Delivery Services Limited