Mr A Haq v AJ Catering Ltd T/a The Spice Centre Restaurant and Mr Abu Bakar: 1403835/2019

EMPLOYMENT TRIBUNALS

Case No 1403835/2019

Between

Mr A HaqClaimant

1 AJ Catering Ltd t/a The Spice Centre Restaurant . 2. Mr Abu BakarRespondent

Before

Employment Judge Dawson Date

Date 24 July 2020

JUDGMENT

[1]The complaint that the claimant was made redundant is struck out.

REASONS

[1]The claimant brings claims of redundancy and for notice pay.

[2]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to have a right to a redundancy payment.

[3]Under section 86 Employment Rights Act 1996 a person only has a statutory right to notice if they have been employed for more than one month.

[4]The claimant was employed by the respondent for less than one month.

[5]Therefore the claimant is not entitled to bring the claim of redundancy.

[6]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints of redundancy.

[7]In respect of the claim for notice pay, although the claimant is not entitled to notice by virtue of the Employment Rights Act 1996, it is a matter for the Tribunal at the final hearing to decide whether there was a contract between the claimant and either respondent and, of so, whether there was an express or implied term as to notice.

[8]Accordingly, the complaint of redundancy is struck out. The claimant’s other complaints are not affected by this judgment. 1.18 UDL – length of service - strike out judgment -.part claim Case No:1403835/2019