Mr N Allan v The Butchers Block At The Farm Ltd: 2413966/2019
JUDGMENT
[1]The complaint that the claimant was unfairly dismissed is struck out.[2]The complaint that the claimant was entitled to a redundancy payment is struck outREASONS
[1]The claimant complains of unfair dismissal amongst other matters. He is also asking for a redundancy payment.[3]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.[4]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to be entitled to a redundancy payment.[5]The claimant was employed by the respondent for less than two years.[6]Therefore the claimant is not entitled to bring a complaint of unfair dismissal and is not entitled to a redundancy payment.[7]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint of unfair dismissal and the claim for a redundancy payment should not be struck out. Case No: 2413966/2019[8]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.[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the net sum of £413.28 within 14 days of the date of this judgment.[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 £236.16 within 14 days of the date of this judgment.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £295.20. within 14 days of the date of this judgment.[4]The total sum payable by the respondent to the claimant within 14 days of the date of this judgment is £944.64