Mr M Jacobs v L Redshaw: 2304869/2023
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. ________________________ Employment Judge Khalil Date: 8 February 2024 Case Number: 2304869/23 EMPLOYMENT TRIBUNALS Claimant: Mr Michael Jacobs Respondent: Redshaw Advisors Ltd Heard at: London South (By Video (CVP) On: September 16, 2025 Before: Employment Judge Taylor Appearances For the claimant: Did not attend For the respondent: Mr Alan Williams, Representative[1]This matter was listed to clarify the issues, or in the alternative, to consider the respondent’s application made on 22 July 2025, under Rule 38(1) for an Order striking out the claimant’s claim.[2]The respondent submitted the claim should be struck out because of manner in which the claimant is conducting his case has been scandalous, unreasonable or vexatious (rule 38(1)(b)) and/or non-compliance with the Tribunal’s orders (rule 38(1)(c)) and/or the claim has not been actively pursued (rule 38(1)(d)).[3]The claimant did not attend the hearing or attempt to contact the Tribunal to explain the reasons for his non-attendance. Case Number: 2304869/23[4]The Tribunal has taken into consideration that the claimant has failed to comply with the tribunal’s order of 12 May 2025, or the extension of time granted to him on 10 September 2025, to any extent.[5]The claim is dismissed for the claimant’s failure to attend the hearing pursuant to rule 47 of the Employment Tribunals Rules of Procedure 2024 (non-attendance at the hearing) and because the claim has not been actively pursued by the claimant (rule 38(1)(d)).[6]The hearing on 8 December 2025 is vacated. Approved by