Mr K Takacs v Verogen Ltd: 3304298/2023 and 3310822/2023
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 Judge Anstis Date: 20 July 2023[1]In a claim form dated 25 April 2023 the claimant presented a claim against the respondent in which he made various claims. The claimant’s claim for unfair dismissal was dismissed because the claimant did not have sufficient qualifying employment to claim unfair dismissal. Various money claims continued.[2]On the 7 June 2023 the respondent presented a response to the claim which was accepted on the 4 July 2023. The respondent also made an employers contract claim in respect of training fees. The claimant did not present a response to the employers contract claim.[3]By an order made on 17 October 2023 in the High Court of Justice in the matter of Verogen Limited (09435808) the respondent was subject of a winding up order. Case Number:3304298/2023 3310822/2023 (J) Page 2 of 2[4]The effect of a Winding-up Order on proceedings in the employment tribunal is that no action or proceeding may be instituted or continued against the respondent without the leave of the Court which made the Order (Insolvency Act 1986, section 130(2)).[5]The claimant attended the hearing of this claim and employers contract claim today. I informed the claimant of the position with the respondent and the effect of the Winding-up Order. In order to allow the claimant to have the opportunity to make an application to the court for permission to continue these proceedings I made an order that the claim and employers contract claim are stayed for three months. The proceedings are to be dismissed unless before that date an application is made for the proceedings to continue.