Mr M Hafiz v B Ahmed and Northern Financial Group Ltd: 2416787/2019 and 2416788/2019
JUDGMENT
The complaints that the claimant was unfairly dismissed and the claimant’s claim for a redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and claims a redundancy payment.[2]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.[3]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.[4]The claimant was employed by the respondent for less than two years.[5]Therefore the claimant is not entitled to bring either complaint. 5. The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why either of the complaints should not be struck out.[6]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. ________________________ Employment Judge Buzzard Date: 3 February 2020[1]The correct name of the respondent is Northern Financial Group Limited.[2]The claimant's claim for unlawful deduction from wages pursuant to section 13 Employment Rights Act 1996 is well-founded and succeeds. I order the respondent to pay the claimant two weeks’ and one day’s pay in the sum of £761.53.[3]The claimant's claim for unlawful deduction from wages with respect to notice pay is well-founded and succeeds. I order the respondent to pay the claimant one week’s pay in lieu of notice in the sum of £346.15.[4]The claimant’s claim for accrued but untaken holidays on termination of employment pursuant to Regulation 14 Working Time Regulations 1998 is well-founded and succeeds. I order the respondent to pay the claimant £60.23. Case Nos. 2416787/2019 2416788/2019 Code V 2[5]The total sum payable by the respondent to the claimant within seven days of the date of this Judgment is £1,176.91.