Mr J Khanna v DTMC Products Ltd: 1404255/2023
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.[1]The claim was issued in the Bristol Employment Tribunals on 3 August 2023. The Respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The Respondent has made unauthorised deductions from the claimant’s wages and must pay the Claimant: £2083.33 - Salary from 15 June 2023 to 15 July 2023. £600.00 - Commission for June 2023. £600.00 - Commission July 2023. £312.50 - 3 days salary for 17, 18 and 19 July 2023.[3]The respondent has failed to pay the Claimant’s holiday entitlement and must pay the claimant £1,041.66.[4]The Respondent must pay the Claimant £4,637.49 in total (gross). The hearing listed on 22 Dec 2023 is cancelled.