Mr J Stanley v Darren Jones and Mathew Jones T/a Pillowtalk: 2417178/2018
JUDGMENT
The complaint of Unfair Dismissal and Failure to pay a Redundancy Payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and Failure to pay a Redundancy Payment.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make these claims.[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.[6]Accordingly, the complaint of unfair dismissal and Failure to pay a Redundancy Payment is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Feeney Date: 25th January 2019[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £305.87.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £917.61. Employment Judge Sherratt _____________________________ 04 March 2019[1]In the absence of the claimant but with the benefit of the written representations sent on behalf of the respondents and information already provided by the claimant I have reconsidered the original decision made under Rule 21.[2]Although the claimant brought his claim against Darren Jones and Matthew Jones t/a Pillow Talk it is apparent from copy wage slips and bank statements provided on behalf of the respondents that the claimant was employed by Pillow Talk Bed Centre Limited rather than by the respondents.[3]The claimant has produced a letter from HM Revenue and Customs which refers to Pillow Talk Bed Centre Limited and not the respondents as his employer.[4]I therefore find that the claim was brought against the wrong respondents and so it is right that the judgment against them should be revoked. Case No: 2417178/2018 2[5]A search at Companies House reveals that Pillow Talk Bed Centre Limited is in Creditors Voluntary Liquidation with the winding up having commenced on 2 October 2018. The joint liquidators’ first progress report dated 20 November 2019 shows that the company’s liabilities exceed its assets. In these circumstances it does not seem to me that it will serve any useful purpose to amend the claim to bring in the limited company as a respondent.[6]The claimant might contact the liquidator, Megan Singleton, of Leonard Curtis, 20 Roundhouse Court, South Rings Business Park, Bamber Bridge, Preston, PR5 6DA (recovery@leonardcurtis.co.uk) to see if she can assist him with making a claim to the Redundancy Payments Office in respect of any sums that may be due to him arising out of the ending of his employment. Employment Judge Sherratt Date: 19 February 2020