Ms K Manton and Ms R Manton v Diane Moffat: 2414857/2018 and others
JUDGMENT
The claimants’ claims seeking redundancy payments are struck out.REASONS
[2]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to claim a redundancy payment.[3]If employed, the claimants have not shown they were employed by the respondent for two years and not entitled to bring such a complaint.[4]The claimant has failed to give reasons in writing, despite being given the opportunity to do so, why the claims should not be struck out.[6]The claimants’ other claims are not affected by this judgment and will proceed to case management hearing on 5 March 2019. Case Nos: 2414857/2018 2414858/2018 2414859/2018 2414860/2018 Regional Employment Judge Parkin Date: 14 December 2018[1]The claims for a redundancy payment brought by this claimant and Ruth Manton were both struck out for want of 2 years’ continuous service by a Judgment sent to the parties on 21 December 2018.[2]Upon further consideration of the proceedings in respect of Karen Manton it appears that, if she was employed by the respondent, her continuous service dates back to 2014, rather than only to June 2016 (as appears to be the case with Ruth Manton). That would give her over 2 years’ continuous service at the relevant date of termination alleged to be in April 2018.[3]In these circumstances, the Judgment striking out Karen Manton’s redundancy payment claim is revoked and that claim will proceed, although the issue of her employment status remains to be determined. Regional Employment Judge Parkin Date: 19 March 2019[1]The claimants were employees of the first respondent as defined by S230 Employment Rights Act 1996.[2]Karen Manton was employed from 22nd October 2014 to 24th April 2018.[3]Ruth Manton was employed from 29th June 2016 to 24th April 2018[4]The claims against the second respondent are dismissed.[5]A case management hearing, to be held by telephone will be listed to give directions for the preparation of the claims for hearing. Case Nos. 2414857/18, 2414858/2018, 2414859/18, 2414860/18 2