Mr A Lacey v Belfield Furnishings Ltd — 2023

The judgment records that Mr A Lacey issued claims of unfair dismissal and age discrimination, but this preliminary hearing was concerned with the Respondent's application to strike out the unfair dismissal claim under Rule 37(1)(a) on the basis that the Claimant did not have the two years' service required by s.108 ERA 1996. The Respondent relied on the termination documents, the P45, and the contractual notice provisions to say the effective date of termination was 21 November 2022.

The Tribunal found that the Claimant started work on 3 January 2021 and was employed under a contract dated 27 June 2022. That contract contained a payment in lieu of notice provision and did not contain a garden leave provision. Although a document referring to 'garden leave' had been handed to the Claimant during the consultation process, the Tribunal found that the final consultation meeting on 21 November 2022 made it clear that his employment would end that day, that he had less than two years' service, and that his three months' notice would be paid on 15 December 2022 in full and final settlement.

The Tribunal also relied on the termination letter, which stated that the Claimant's termination date would be Monday 21 November 2022, and on the P45 and payslip, both of which were consistent with that date. The payslip recorded a payment in lieu of notice of £10,140. Applying the statutory provisions and the authorities on strike out and interpretation of dismissal communications, the Tribunal held that the letter was not ambiguous and that even if one week's notice were added, the Claimant would still fall short of the two-year qualifying period. It therefore concluded that the unfair dismissal claim had no reasonable prospect of success and struck it out.