Mr F Keegan v Protege Security and others: 2401484/2019
JUDGMENT
The reference to determine entitlement to a Redundancy Payment is struck out.REASONS
[1]The claimant claims to be entitled to a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service in order to have the right to a redundancy payment.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to a redundancy payment.[5]Accordingly, the reference to determine entitlement to a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. Case No: 2401484/2019 Employment Judge Horne 6 February 2019 The claimant was employed by the respondent.[2]The complaints of unauthorised deductions from wages, breach of contract in failing to pay notice pay and unpaid holiday pay are well-founded.[3]The respondent is ordered to pay the claimant compensation in the following sums: 3.1. £2,144.00 in respect of wages 3.2. £418.75 in respect of notice pay 3.3. £806.40 in respect of holiday pay[4]It is recorded that, except for the damages for unpaid notice pay, these sums have been calculated gross and may be taxable in the hands of the claimant. The figure stated above in respect of holiday pay is less than that announced at the hearing has been corrected because of an arithmetical error.[5]The respondent failed to give the claimant a written statement of particulars of employment in breach of section 1 of the Employment Rights Act 1996. Pursuant to section 38 of the Employment Act 2002 the sums awarded under paragraph 4 above are increased by the amount of 4 weeks’ pay in the sum of £508 per week. Case No. 2401484/2019 2[6]The respondent is therefore ordered to pay the claimant the further sum of £2,032.00.[7]The sums awarded under paragraphs 3 and 6 above, totalling £5,401.15, shall be paid by the first respondent to the claimant on or before 26 March 2019.