Mr M Stannett and Mr A Stannett v Topsham Restaurants Ltd: 1401124/2023 and 1401125/2023
JUDGMENT
The claims of unfair dismissal and for redundancy payments are struck out.REASONS
[1]The claimants complain of unfair dismissal and seek a redundancy payment.[2]Section 108 of the Employment Rights Act 1996 requires a Claimant to have not less than two years’ service to make an unfair dismissal complaint.[3]Under section 155 of the Employment Rights Act 1996 employees do not have a right to a redundancy payment unless they were employed for two years or more[4]The Claimants were employed by the Respondent for less than two years.[5]Therefore, the Claimants are not entitled to bring these claims.[6]The Claimants have failed to give an acceptable reason, despite being given the opportunity to do so, why these complaints should not be struck out.[7]Accordingly, the claims of unfair dismissal and for a redundancy payment are struck out.[8]The claims of breach of contract/unlawful deductions from wages in respect of the First Claimant’s expenses shall proceed.