Miss K Pattison v AAO UK Services Ltd: 2412011/2023
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. The claimant is owed £1,750 (gross) for August 2023 and £1,730 (gross) for September 2023. The respondent will pay the claimant the total of £3,480 (gross).[2]The claimant’s claim for notice pay is well-founded and the respondent will pay the claimant one week’s gross pay of £865.38.[3]The claimant's claim for accrued but untaken holidays of 11 days is wellfounded and I order the respondent to pay the claimant £1,903 (gross).[4]The total amount payable by the respondent to the claimant within 14 days of the date of this Judgment is £6,248.38.[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.