Mr H Khan v Conexus Recovery and Field Services Ltd: 2414565/2019 and 2400115/2020
JUDGMENT
The complaint that the claimant was entitled to a redundancy payment is struck out.REASONS
[1]The Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make a redundancy payment complaint.[2]The claimant was employed by the respondent for less than two years and so is not entitled to bring such a complaint.[3]The claimant has failed to give any reason, despite being given the opportunity to do so, why the complaint should not be struck out.[4]Accordingly, the complaint in respect of a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge 16 December 2019[1]The claimant’s claims for breach of contract, unlawful deduction from wages and under the Working Time Regulations 1998 are not well-founded and do not succeed;[2]The respondent’s counter-claim for breach of contract is well-founded. The claimant must pay the respondent the sum of £1,685.68 as damages for breach of contract within 14 days.[3]The respondent’s application for costs will be considered on the papers and/or at a hearing, as follows:a. If the respondent wishes to pursue its application for costs it must provide to the Tribunal (copied to the claimant) by no later than Tuesday 14 April 2020 a written application for costs, outlining exactly the basis for doing so and the reasons why it says costs should be awarded. The respondent should include the exact amount of costs claimed;b. By no later than Tuesday 12 May 2020, if the claimant opposes the application, he must send to the Tribunal (copied to the respondent) written reasons why he says costs should not be awarded;c. The Tribunal intends to consider the application in writing based upon the documents, but if the claimant wishes for the matter to be considered at a hearing he must confirm this to the Tribunal when providing his response (and a hearing will be listed). Case nos: 2414565/2019 2400115/2020d. If a hearing is required to consider the application for costs, the claimant must also provide in writing to the Tribunal (copied to the respondent) no later than seven days prior to the date for which that hearing is listed, an explanation of and evidence of his reason for non-attendance today.e. The respondent has highlighted that if a further hearing is required, additional costs may be sought.