Mr B Jasim v AAO UK Services Ltd: 2412112/2023
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 I order the respondent to pay the claimant his wages for September 2023 the sum of £1,192.31 (gross).[2]The claimant’s claim for notice pay is well founded and I order the respondent to pay the claimant’s 1 week’s pay(gross) of £596.15.[3]The claimant’s claim for accrued but untaken holiday is well-founded and I order the respondent to pay the claimant £59.62[4]The Tribunal awards the claimant £200 financial contribution towards additional costs incurred by the claimant due to the financial loss sustained by him pursuant to section 24(2) Employment Rights Act 1996.[5]The total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £2,048.08 (gross).[6]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.