Mr D Reid v Scaffold North West Ltd: 2402473/2019
JUDGMENT
The complaint that the claimant did not receive a redundancy payment is struck out.REASONS
[1]The claimant complains of a failure to pay a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make a failure to pay a redundancy payment complaint.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring such a complaint.[5]The claimant has failed to give any reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint of a failure to make a redundancy payment is struck out. The claimant’s other complaint is not affected by this judgment. Employment Judge Sherratt 15 May 2019 Case No: 2402473/2019[1]By a letter dated 14 May 2019, the Tribunal gave the claimant an opportunity to make representations, as to why the claim should not be struck out because he had claimed for a week’s notice but appeared to have gone straight from one job into another at the same rate of pay[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done both to that letter and a reminder sent 12 June 2019. The claim is therefore struck out.