Mr V De Jesus Moniz v The Cliff Top Restaurant Ltd: 1401907/2020

EMPLOYMENT TRIBUNALS
Case No 1401907/2020
Mr V De Jesus MonizClaimantThe Cliff Top Restaurant LtdRespondent
Employment Judge Rayner DateDate 18 December 2020

JUDGMENT

The claim for Redundancy Payments is struck out.

REASONS

[1]The Claimant makes claims for Redundancy Payments.[2]Section 108 of the Employment Rights Act 1996 requires a Claimant to have not less than two years’ service to make a Redundancy Payment claim.[3]The Claimant was employed by the Respondent for less than two years.[4]Therefore the Claimant is not entitled to bring such a complaint.[5]The Claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the claim for Redundancy payment is struck out. The Claimant’s other complaints are not affected by this Judgment. ………………………………..[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £8000.01 gross.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1600 gross.