Mr M Russell v Styles & Wood Ltd (in administration): 2403503/2020
JUDGMENT
The complaint that the respondent failed to make a redundancy payment is struck out.REASONS
[1]The claimant complained that the respondent failed to make a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to claim 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 complaint.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint that the respondent failed to make a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Phil Allen Date: 15 March 2021[1]By a letter dated 17 May 2021 the Tribunal gave the claimants an opportunity to make representations or to request a hearing, as to why their claims of breach of contract should not be struck out because they have not been actively pursued.[2]The claimants have failed to make representations in writing, or have failed to make any sufficient representations, why this should not be done or to request a hearing. Their claims of breach of contract are therefore struck out.