Mr R Johnson v Chelmix Concrete Ltd Traditional Lime: 1404137/2022
JUDGMENT
The claim for a redundancy payment is struck out.REASONS
[1]The claimant claims the right to a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant does not have the right to a redundancy payment.[5]The claimant was given the opportunity to explain why the claim for a redundancy payment should not be struck out but has not given an acceptable reason.[6]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Gray Date: 30 March 2023 Judgment sent to the Parties: 13 April 2023 FOR THE TRIBUNAL OFFICE Case Number: 1404137/2022 EMPLOYMENT TRIBUNALS Claimant: Mr R JOHNSON Respondent: Chelmix Concrete Limited Traditional Lime[1]By a letter dated the 2nd June 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why his claim for unfair dismissal should not be struck out because by reason of section 108 of the Employment Rights Act 1996 the claimant has insufficient qualifying service to pursue such a claim.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.[3]The hearing fixed for the 2nd August 2023 will not take place.