Mr W Brown v Mark Ryan: 2400528/2020
JUDGMENT
The claimant’s claim for a redundancy payment is struck out.REASONS
[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make claim for a redundancy payment.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such a claim.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the claim should not be struck out.[6]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment, and will be heard on 18 March 2020. Employment Judge Holmes Date: 24 February 2020 Mr William Brown Mr Craig Shepherd Mr Ben Shepherd Mr James Eckersley-Booth Ms Bethany Pearson[6]Mr James Page Respondent: Cookhouse Bolton Limited HELD AT: Manchester (by CVP) ON: 11 December 2020 BEFORE: Employment Judge Newstead Taylor (sitting alone) REPRESENTATION: Claimants 2,3,4 & 5: Claimants 1 & 6: Respondent: In person Did not attend Mr Mark Ryan (Director)[1]By consent, Cookhouse Bolton Ltd is substituted in place of Mr Mark Ryan as the Respondent to the claims brought by Mr Craig Shepherd, Mr Ben Shepherd and Mr Eckersley- Booth.[2]The respondent, Cookhouse Bolton Limited, has made unlawful deductions from Ms Pearson’s wages and is ordered to pay to Ms Pearson the gross sum of £589.07 for wages plus £699.50 for holiday pay, making a total of £1,288.57 in respect of the amount unlawfully deducted. Case Nos. 2400528/2020, 2401594/2020 2401595/2020, 2401572/2020 2401658/2020, 2401592/2020 Code V[3]The respondent, Cookhouse Bolton Limited, has made an unlawful deduction from Mr Eckersley-Booth’s wages and is ordered to pay to Mr Eckersley-Booth the gross sum of £1,593 for wages in respect of the amount unlawfully deducted.[4]Mr Eckersley-Booth's claim for unpaid holiday pay is dismissed on withdrawal.[5]The respondent, Cookhouse Bolton Limited, has made unlawful deductions from Mr Craig Shepherd’s wages and is ordered to pay to Mr Craig Shepherd the gross sum of £1,354.65 for wages for the period 26 October 2019 to 21 November 2019 only plus £1,685.64 for holiday pay, making a total of £3,040.29 in respect of the amount unlawfully deducted.[6]The respondent, Cookhouse Bolton Limited, has made an unlawful deduction from Mr Ben Shepherd’s wages and is ordered to pay Mr Ben Shepherd the gross sum of £487.08 for wages plus £189.42 for holiday pay, making a total figure of £676.50 in respect of the amount unlawfully deducted.[7]Mr Craig Shepherd and Mr Ben Shepherd’s claims for notice pay were dismissed on withdrawal.