Miss R Shashidhar v Ixia Flowers Ltd (in Voluntary Liquidation): 2409522/2022
JUDGMENT
The complaint that the claimant was unfairly dismissed and the complaint about failure to pay a statutory redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and failure to pay a statutory redundancy payment.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two 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 two years’ service to have a right to a redundancy payment.[4]The claimant was employed by the respondent for less than two years.[5]Therefore, the claimant is not entitled to bring such complaints.[6]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.[7]Accordingly, the complaint of unfair dismissal and the complaint of failure to pay a statutory redundancy payment are struck out. The claimant’s other complaints are not affected by this judgment.[1]By a letter dated 15 December 2023 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has not been actively pursued.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.