Mr P Scholey v Cloud2 Ltd: 1802728/2020
JUDGMENT
[1]The respondent dismissed the claimant by reason of redundancy.[2]The respondent did not dismiss the claimant for a reason connected with his membership of a reserve force (as defined in section 374 of the Armed Forces Act 2006).[3]The claimant had less than two years’ continuity of service.[4]Accordingly, his complaint of unfair dismissal fails, two years’ continuity of service being required to vest the Tribunal with jurisdiction to consider a complaint of unfair dismissal where the reason for the dismissal is redundancy (there being no claim that the selection for redundancy was for any of the matters set out in section 105 of the Employment Rights Act 1996).[5]The respondent summarily dismissed the claimant on 24 April 2020 in circumstances in which the claimant was entitled to four weeks’ notice to bring his contract of employment to an end.[6]The respondent has paid to the claimant one week’s pay in lieu of notice. Accordingly, the respondent shall pay to the claimant the sum of £1,731, being Case No: 1802728/2020(V) an amount equivalent to three weeks’ gross pay by way of damages for wrongful dismissal.[7]The sum of £1,731 shall be paid by the respondent to the claimant on or before 26 January 2021.