Mr James Fairhead v Hovis Ltd: 3201320/2019
JUDGMENT
[1]The claim for unfair dismissal is struck out and dismissed. The Claimant does not have the necessary period of two years’ qualifying employment by reference to Section 108 Employment Rights At 1996 and none of the exceptions apply.[2]The remaining claims of disability and unauthorised deductions from wages are claims which have been made within the relevant statutory time limits. The amended claims were made by email on 23 May 2019.[3]The correct name of the Respondent is Hovis Limited.[4]At this hearing additional Orders were also made by the Employment Judge. Employment Judge Elgot Dated: 15 October 2019 Case Number: 3201320/2019 2 Case Number: 3201320/2019 A 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr J Fairhead Respondent: Hovis Limited Heard at: East London Hearing Centre On: 25 June 2020 Before: Employment Judge Allen QC (sitting alone) Appearances For the claimant: In person For the respondent: Mr James Connelly, Hovis Limited This has been a remote telephone hearing which was not objected to by the parties. The form of remote hearing was A: audio - fully (all remote). A face to face hearing was not held because it was not practicable and no-one requested the same and all issues could be determined in a remote hearing. The documents that I was referred to are in the tribunal file, which I had before me.[1]This was to have been the final hearing of this matter today. Both parties attended the telephone hearing. The parties informed the Tribunal that they had settled the case and that they were waiting for ACAS’ intervention (the Claimant being unrepresented).[2]On that basis they were both happy that the case be dismissed upon withdrawal, the parties having reached terms of settlement – but wished the tribunal to do so after notification from ACAS. Case Number: 3201320/2019 A 2 of 2[3]As at 4pm on the day after the hearing (Friday 26 June 2020) no such notification from ACAS had been received.[4]Therefore the Tribunal will conditionally dismiss the case upon withdrawal by the Claimant, the parties having reached terms of settlement, unless by 4pm on 9 July 2020, one of the parties writes to the tribunal asking that the claim is not dismissed in which case, it will be re-listed for a final hearing.