Miss B Melvin v Belshaw Bookkeeping Services Ltd: 2413562/2019
JUDGMENT
The complaint that the respondent failed to pay redundancy payment is struck out.REASONS
[1]The claimant complains of failure to pay redundancy payment.[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make a failure to pay redundancy payment claim.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring such a complaint.[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 failure to pay redundancy pay is struck out. The claimant’s other complaints are not affected by this judgment.[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross/net sum of £879.00.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £113.40.[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £302.40.