Mr N Houghton v AMS Taverns Ltd: 2410811/2023
JUDGMENT
The complaint that the claimant was entitled to be paid a statutory redundancy payment is struck out.REASONS
[1]The claimant claims that he was entitled to be paid a statutory redundancy payment.[2]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.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to be paid a statutory redundancy payment.[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. Case No: 2410811/2023 2[6]Accordingly, the claim of entitlement to a statutory redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment and will proceed to the hearing listed on 4 April 2024. ________________________ Employment Judge Slater Date: 27 March 2024[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 September 2023 to 30 September 2023.[2]The respondent shall pay the claimant £2500, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[3]The complaint of breach of contract in relation to statutory notice pay is well-founded.[4]The respondent shall pay the claimant £576.92 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.