Automated Summary
Key Facts
The Employment Tribunal dismissed unfair dismissal and redundancy claims due to insufficient service (effective termination date 19 June 2020) and pay claims (unpaid wages, notice pay, holiday pay) due to incorrect termination date (31 July 2020). The company vehicle complaint was dismissed as not a breach of contract.
Issues
- Claims for unpaid wages, notice pay, and holiday pay were dismissed because the claimant's calculations relied on an incorrect effective date of termination (31 July 2020) instead of the actual date (19 June 2020).
- The Tribunal determined it lacked jurisdiction to hear unfair dismissal and redundancy payment claims due to the claimant not having the requisite two years' service. The effective date of termination was 19 June 2020, falling short of the qualifying period.
Holdings
- The claimant's complaint about the company vehicle being taken during furlough was not considered a breach of contract, and it had no relevance to any remedy for unfair dismissal since the unfair dismissal claim was already dismissed.
- The claims for unpaid wages, notice pay, and holiday pay were dismissed because the claimant's requested amounts were based on an effective termination date of 31 July 2020, which was not the actual date.
- The Tribunal agreed to amend the respondent's name to Amnack Limited trading as Doncaster Cables by consent.
- The Tribunal determined it lacked jurisdiction over the unfair dismissal and redundancy payment complaints because the claimant's effective date of termination was 19 June 2020, which meant he did not have the required two years of service.
- As a result of the lack of jurisdiction, the complaints regarding unfair dismissal and redundancy pay were dismissed.
Legal Principles
The tribunal dismissed unfair dismissal and redundancy pay claims for lack of jurisdiction, as the claimant did not have the requisite two years' service (effective termination date 19 June 2020). Claims for unpaid wages, notice pay, and holiday pay also failed due to reliance on an incorrect termination date (31 July 2020).
Judge Name
Little
Passage Text
- The Tribunal does not have jurisdiction to hear the unfair dismissal complaint or the complaint in respect of the redundancy payment. That is because the claimant's effective date of termination was 19 June 2020 with the result that he did not have the requisite two years' service.
- The complaints in respect of unpaid wages, notice pay and holiday pay fail because the sums which the claimant sought were premised on the effective date of termination being 31 July 2020.