Mr M N Khan and others v PH Group (Pizza Hut) and others: 2600902/2023 and others
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[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 TRIBUNALS Claimants: Mr Muhammad Nadeem Khan & others Respondents: PH Leicester Limited & others Record of an Attended Hearing at the Employment Tribunal Heard at: Leicester Heard on: 2 May 2024 Before: Employment Judge Hutchinson (sitting alone) Appearances: Claimants: No attendance Respondents: No attendance They are not being actively pursued.[2]If the Claimants or any of them wish to object to this proposal, they should give their reasons in writing or request a hearing at which they can make within 7 days of the date of this notice.[1]These claims were all made in 2023 following the closure of the franchise which operated the Pizza Hut Restaurant, in Aylestone Road, Leicester.[2]The Claimants made various claims including: 2.1. Non-payment of wages. 2.2. Unfair dismissal. 2.3. Non-payment of holiday pay. 2.4. Redundancy pay. 2.5. Breach of contract in respect of notice pay.[3]Employment Judge Hutchinson understands that an Administrator was appointed and there is reference in the file that some of the claims have been met by the Administrator and the Secretary of State.[4]This case was listed for a hearing so that I could deal with Judgment and Remedy in respect of all the claims and notice of hearing was sent out to the parties on 12 February 2024.[5]No communication was received by the Tribunal from any of the Claimants and on their failure to appear at the Tribunal the Judge can only assume that they no longer wish to pursue these claims in the Tribunal presumably because they have been settled.[6]Therefore, if nothing is heard from the Claimants within 7 days of the date this notice has been sent to the parties the claims will be struck out on the basis that they are not being pursued.