Mrs E Magione v Richard Pietrowski and Secretary of State for BIS: 3323764/2017

EMPLOYMENT TRIBUNALS
Case No 3323764/2017Venue ReadingHearing 13 June 2017 Representation Claimant: In person Respondents: R1 – Did not attend and not represented R2 – Did not attend and not represented
In personClaimantR1 – Did not attend and not represented R2 – Did not attend and not representedRespondent
Employment Judge MrDate 13 June 2017

JUDGMENT

[1]The Tribunal heard evidence on oath from the Claimant and read the ET3 response form presented by the 2nd Respondent. The Tribunal determined as follows. Breach of Contract / Notice Pay – article 3 Employment Tribunals Extension of Jurisdiction (E&W) Order 1994[2]This claim was presented after the expiry of the 3 month time limit (as extended) and there were no grounds to extend the time limit. The Tribunal has no jurisdiction to consider this claim and it is struck out. Holiday Pay – regulation 30 Working Time Regulations 1998[3]This claim was presented after the expiry of the 3 month time limit (as extended) and there were no grounds to extend the time limit. The Tribunal has no jurisdiction to consider this claim and it is struck out. Redundancy Payment – section 135 Employment Rights Act 1996[4]The Claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £9,653.76 (16 years x 1.5 x £402.24). Page 1 of 2 Case Number: 3323764/2017 Costs Order - Tribunal Fees The Claimant is awarded £390 in respect of Tribunal fees. The 1st Respondent is ordered to pay this sum to the Claimant. Reasons – rule 62 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013[6]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is presented within 14 days of the date this judgment is sent to the parties.