Mr I V Elom v AAO UK Services Ltd: 2411987/2023
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.[1]The claimant's claim for unpaid wages is well-founded and the claimant is owed £1,500 for September 2023.[2]The claimant's claim for notice pay is well-founded and the respondent will pay £500 gross (one week’s pay) to the claimant.[3]The claimant’s claim for accrued but untaken holiday pay on termination of employment is well-founded and the respondent will pay the claimant £250 (gross).[4]The total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £2,250 (gross).[5]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.