Roya Meyeri v Motorcycle World LLP — 2025

Roya Meyeri worked for Motorcycle World LLP from 21 June 2022, first as a service manager and then as a sales executive, and her employment ended on 30 June 2024. In her ET1 presented on 24 July 2024 she alleged unfair dismissal and sought a redundancy payment, notice pay, arrears of pay and other payments, together with reinstatement and £7,000 compensation. At the preliminary hearing the claimant withdrew the arrears of pay and other payments complaints, and the tribunal proceeded to determine the respondent's strike-out application.

The tribunal struck out the redundancy, notice pay and unfair dismissal complaints under rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024. It held that the claim form and the claimant's oral evidence did not identify facts capable of supporting a redundancy situation under s.139 ERA 1996, and that there was no pleaded or evidenced case showing a dismissal within s.95 ERA 1996. The respondent relied on an email from Mr Okhovati to payroll dated 19 June 2024 stating that Roya's last pay related to her leaving on 30 June 2024, and the claimant accepted that 30 June 2024 was her last day. The tribunal said that email was not determinative by itself, but the material before it still did not establish dismissal or constructive dismissal.

The tribunal also held that the notice pay complaint could not succeed on the case advanced because the claimant had not identified circumstances in which she was dismissed or otherwise entitled to notice pay on the basis advanced. No monetary award was made.