Mr C Sutton v Scaffold North West Ltd: 2416857/2018
JUDGMENT
[1]The complaint of failure to make a redundancy payment is struck out.[2]The respondent is ordered to pay the claimant the sum of £485.00 net as damages for breach of contract in respect of his notice period.[3]The respondent failed to pay the claimant his holiday entitlement on termination of employment and is ordered to pay him the sum of £194.00 net.REASONS
[1]The claimant complains of a failure to make a redundancy payment and makes other claims. Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make redundancy payment claim but the claimant was employed by the respondent for less than two years.[2]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the redundancy payment complaint should not be struck out. Accordingly, the complaint of a failure to make a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment.[3]The respondent has failed to respond to the claimant’s remaining claims and a Rule 21 Judgment is made for his notice pay and holiday pay claims.[4]The hearing listed on 12 March 2019 is cancelled.