Mr M Russell v Pochin's Ltd (In Administration): 2413720/2019
JUDGMENT
The complaint that the claimant was entitled to be paid a statutory redundancy payment is struck out.REASONS
[1]The claimant claims that he was entitled to be paid a statutory redundancy payment.[2]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to have a right to a redundancy payment.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant was not entitled to be paid a redundancy payment.[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 that the claimant was entitled to be paid a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Slater Date: 28 November 2019 Case No: 2413720/2019[1]The complaints seeking a protective award under section 189 Trade Union and Labour Relations (Consolidation) Act 1992 are well founded. The first respondent failed in its duty to consult the claimants under section 188 of that Act.[2]The first respondent is ordered to pay to each claimant identified in the schedule to this judgment remuneration for the protected period of ninety days starting on 5 August 2019. The recoupment regulations apply.