Miss D Dionisieva v Artisa Spa Ltd: 3205803/2022
JUDGMENT
The claim for a redundancy payment is struck out.REASONS
[1]The claimant claims the right to a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant does not have the right to a redundancy payment.[5]The claimant was given the opportunity to explain why the claim for a redundancy payment should not be struck out but has not given an acceptable reason.[6]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. Acting Regional Employment Judge Burgher 18 February 2023 Case Number: 3205803/2022 EMPLOYMENT TRIBUNALS Claimant: Ms Diana Dionisieva Respondent: Artisa Spa Ltd Heard: East London Hearing Centre (by CVP) On: 24 July 2023 Before: Employment Judge A Codd Representation For the Claimant: Not in attendance. For the Respondent: Ms Arntisa Bitsi (Director)[1]A final hearing was listed on the 24 July 2023. The claimant was sent a hearing notice on the 4th of July 2023. The claimant has not communicated with the Tribunal regarding this listing and has not made any application regarding her availability. The listing was sent electronically. Case Number: 3205803/2022[2]The claimant has failed to attend the hearing today and attempts to contact her via telephone have resulted in an international ring tone, followed by the calls going unanswered.[3]In the circumstances and following the absence of any application to amend the listing date, it appeared to me that the claim was not being actively pursued. The claimant has not supplied any evidence in support of her application. Her claim form provided minimal unclear details.[4]I have carefully considered whether to adjourn the hearing, however, given the lack of communication and attendance, I determine that it should be struck out (in accordance with rule 37 (1) (d) of the Employment Tribunals Rules of Procedure 2013).