Miss J Holland v AAO UK Services Ltd: 2412114/2023
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. Employment Judge Ross Date: 1 February 2024[1]The claimant’s claim for unpaid wages is well-founded and I order the respondent to pay the claimant £1,192.31 (gross).[2]The claimant’s claim for notice pay is well-founded and I order the respondent to pay the claimant one week’s gross pay of £596.15.[3]The claimant’s claim for 6.5 days accrued but untaken holidays on termination of employment is well-founded and I order the respondent to pay the claimant £774.99 (gross).[4]The Tribunal cannot award the claimant an award for Universal Credit which she was unable to obtain but awards the claimant £100 for financial charges incurred 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 £2,663.45 (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 Case No. 2412114/2023 2 189(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.