Mr T Cripps v The Board of Governors of Ysgol Cedewain: 1600285/2024
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. The Claimant complains of unfair dismissal.[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]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 complaint of unfair dismissal is struck out. The Claimant’s other complaints are not affected by this judgment.