Case 2403409/2023 · Employment Tribunal
Mr S Vivace Maio v Nabucco Limited (in creditors voluntary liquidation) — 2023
- Case reference
- 2403409/2023
- Decision date
- 2 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fairhurst JUDGMENT
- Venue
- Manchester
Parties
2 namedClaimant
Mr S Vivace Maio
Key findings
Tribunal's reasoningEmployment Judge Fairhurst heard the matter in Manchester on 22 May 2023. The respondent's name was amended to Nabucco Limited (in creditors voluntary liquidation) under Rule 29 of the Employment Tribunals Rules of Procedure.
The claimant's unfair dismissal complaint was dismissed because section 108 of the Employment Rights Act 1996 requires two years' service before an ordinary unfair dismissal claim can be brought, the claimant had been employed for less than two years, and no reason or evidence was provided to show that any special category of unfair dismissal applied.
The complaints of unauthorised deductions from pay contrary to Part II of the Employment Rights Act 1996 and holiday pay were both dismissed under Rule 47 because the claimant failed to attend or be represented at the hearing scheduled for 22 May 2023. No monetary award was made.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed under section 108 ERA 1996 because the claimant had less than two years' service and did not provide evidence of any special category disapplying the service requirement. | Dismissed | — | — |
| Unlawful deduction from wages | Dismissed pursuant to Rule 47 because the claimant failed to attend or be represented at the hearing on 22 May 2023. | Dismissed | — | — |
| Holiday pay | Dismissed pursuant to Rule 47 because the claimant failed to attend or be represented at the hearing on 22 May 2023. | Dismissed | — | — |
Legal tests applied
3 references- section 108 Employment Rights Act 1996
- Rule 47 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations
- Rule 29 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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