Miss Y Khalimon v AAO UK Services Ltd: 2411983/2023
JUDGMENT
The complaint that the claimant was unfairly dismissed and the claimant’s claim for a redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and claims a 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. Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make a claim for 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 these claims.[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 and the claim for a redundancy payment are struck out. The claimant’s other complaints are not affected by this judgment.[1]The claimant’s claim for three weeks’ unpaid wages and one week’s notice pay (gross) is well-founded and I order the respondent to pay the claimant £2,166.67.[2]The claimant's claim for accrued but untaken holidays on termination of employment is well-founded and I order the respondent to pay the claimant £1,238.09.[3]The total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £3,404.76 (gross).[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 remuneration for the period of 30 days beginning on 30 September 2023. The Recoupment Regulations apply.