Miss C Vaccarini v Ottimo Restaurants Ltd: 2600165/2023
JUDGMENT
The claimant’s claim for a redundancy payment is struck out.REASONS
[2]The claimant was employed by the respondent for less than two years.[3]Therefore, the claimant is not entitled to bring such a complaint.[4]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[5]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. _____________________________ Employment Judge Victoria Butler Date: 2 March 2023 The claimant complains of unfair dismissal.[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]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring such a complaint.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. _____________________________ Employment Judge Heap Date: 14th March 2023[1]By a letter dated 24 August 2023 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• 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.