Miss C P Castel Colas v Portland School of English: 2414508/2018
JUDGMENT
[1]The claimant’s claims are not well founded and are dismissedREASONS
[2]The claimant brings claims for unlawful deduction of wages and a declaration of entitlement to a statutory redundancy payment.[3]Neither party was in attendance today.[4]In respect of the claimant’s claim for the right to a redundancy payment. S136 provides that an employer shall pay a redundancy payment to any employee Case No. 2414508/2018 that is dismissed by reason of redundancy. However, section 155 Employment Rights Act 1996 provides that an employee does not have the right to a redundancy payment unless they have been continuously employed by the respondent for a period of not less than two years ending with the relevant date.[5]On the basis of the documentary evidence provided by the claimant she was not employed by the respondent for two years when her employment terminated. The claimant was invited to give reasons why her claim should not be struck out but has failed to do so. She was not in attendance at the hearing today. The claimant has been unable to show that she is entitled to a redundancy payment and her claim must therefore fail.[6]The claimant has also brought a claim of unlawful deduction of wages. The Tribunal does not have sufficient evidence before it to establish what sums were properly payable to the claimant and what sums she received. On the basis of the information before it the Tribunal are unable to establish that an unlawful deduction has been made from the claimant's wages.[7]In the circumstances the Tribunal finds that the claimant's claims are not wellfounded and are dismissed.