Mr S K Kannekanti v Twentyone FS UK Ltd and Others: 2410929/2023
JUDGMENT
The claim for a redundancy payment is struck out.REASONS
[1]The claimant claims the right to a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant does not have the right to a redundancy payment.[5]The claimant was given the opportunity to explain why the claim for a redundancy payment should not be struck out but has not given an acceptable reason.[6]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. The claimant complains of unfair dismissal.[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]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 of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.[1]The correct respondent is AAO UK Services Limited and the respondents Twenty One FS UK Limited and Danny James Brewster are dismissed from the proceedings.[2]The claimant does not have sufficient service to bring a claim for unfair dismissal or for a redundancy payment and these claims are dismissed (see separate Judgment)[3]The claimant's claim for unpaid wages for September 2023 is well-founded and the respondent is ordered to pay the claimant £1,346.15.[4]The claimant’s claim for notice pay is well-founded and the respondent is ordered to pay the claimant one week’s pay in lieu of notice of £673.08.[5]The claimant’s claim for accrued but untaken holidays on termination of employment is well-founded and the respondent is ordered to pay the claimant £807.69.[6]Accordingly, the respondent must pay the claimant £2,826.92 within 14 days of the date of this Judgment.[7]The claimant’s complaints under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act are well-founded. The Tribunal orders the respondent by way of protective award under section 189(3) of the 1992 Act to pay the claimant, who was dismissed for redundancy between 14-30 September 2023 a payment equivalent to remuneration for the period of 30 days beginning on 30 September 2023. The Recoupment Regulations apply.