Miss K Clark v Alur Apartments Ltd and Alur Management Services Ltd (dissolved): 2401553/2024
JUDGMENT
The complaints of unfair dismissal and for a redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and seeks a redundancy payment.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than 2 years’ service to make an unfair dismissal complaint.[3]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than 2 years’ service to claim a redundancy payment.[4]The claimant was employed by the respondent for less than two years. Therefore, the claimant is not entitled to bring these complaints.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints should not be struck out.[6]Accordingly, the complaint of unfair dismissal and for a redundancy payment are struck out. The claimant’s other complaint is not affected by this judgment. _____________________________ Employment Judge Batten 16 May 2024[1]The respondent informed me that matters have been resolved between the parties and the claimant should have informed the tribunal that her claim was withdrawn. There is no sign in the information available to me to say that this has been done.[2]In any event the claimant did not attend today and did not respond to attempts by my clerk to contact her and in the circumstances, based on the information available to me, the claim was dismissed under Rule 47 of the Employment Tribunal Rule of Procedure 2013.