Mr K W Yeung v Epsilon Ten Ltd: 3302022/2023
JUDGMENT
The complaint that the claimant was unfairly dismissed and the claimant’s claim to be entitled to a redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and claims to be entitled to a redundancy payment.[2]Both claims require a claimant to have not less than two years’ service.[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 the claim for a redundancy payment are struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Anstis Date: 13 April 2023[1]A notice of hearing having been sent to the respondent at the address given on the Response Form and enquiries having been directed towards the respondent, the Tribunal determines that it is fair and appropriate to proceed in the respondent’s absence.[2]The claimant succeeds in his claims for non-payment of wages, non-payment of pension contributions and failure to pay his accrued but untaken annual leave, totaling £13,389.33 (gross). This is broken down as follows: Wages: December 2022 to 10 March 2023 @ £42,000pa. - £11,140.33 Pension contribution: November 2022 - £149.00 Annual leave: 13 days - £2,100.00 Total the respondent is ordered to pay to the claimant - £13,389.33 Case Number: 3302022/2023 V 2