Miss J Gilpin and Mr S Puzhakkal v AAO UK Services Ltd: 2411757/2023 and 2411758/2023
JUDGMENT
The claim for a redundancy payment is struck out.REASONS
[1]The claimants’ claim 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 claimants’ were employed by the respondent for less than two years.[4]Therefore, the claimants’ do not have the right to a redundancy payment.[5]The claimants’ were given the opportunity to explain why the claim for a redundancy payment should not be struck out but have not given an acceptable reason.[6]Accordingly, the claim for a redundancy payment is struck out. The claimants’ other complaints are not affected by this judgment. Employment Judge Ross Date: 1 February 2024[1]The claimant’s claim for unpaid wages in September 2023 is well-founded and I order the respondent to pay the claimant £1,000 (gross).[2]The claimant’s claim for a payment in lieu of notice (one week’s gross pay) is well-founded and I order the respondent to pay the claimant £500.[3]Therefore, the total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £1,500.[4]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 Case No. 2411757/2023 2 remuneration for the period of 30 days beginning on 30 September 2023. The Recoupment Regulations apply.