Mr D Marchenko v Alto Electrical Ltd: 2600366/2024
JUDGMENT
The claim for a redundancy payment is struck out.REASONS
[1]The claimant claims the right to a redundancy payment.[2]Section 155 of the Employment Rights Act 1996 says that employees do not have the right to a redundancy payment unless they have been employed for two years or more.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant does not have the right to a redundancy payment.[5]The claimant was given the opportunity to explain why the claim for a redundancy payment should not be struck out but has not given an acceptable reason.[6]Accordingly, the claim for a redundancy payment is struck out. The claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Heap Date: 4th June 2024[1]The correct name of the respondent is Alto Electrical Limited.[2]The claimant’s claim of unauthorised deduction from wages is wellfounded and succeeds. The respondent shall pay the claimant: 2.1. £3,069.21 (gross without deduction of Income Tax and National Insurance) in respect of wages for November and December 2023; 2.2. £501.11 (gross without deduction of Income Tax and National Insurance) in respect of pension contributions; and 2.3. £88.57 (gross without deduction of Income Tax and National Insurance) in respect of unpaid holiday pay.[3]The claimant’s claim of breach of contract is well-founded and succeeds. The respondent shall pay the claimant: Case Number: 2600366/2024 2 of 2 3.1. £442.85 (gross without deduction of Income Tax and National Insurance) for one week’s notice.[4]The respondent failed to provide the claimant with written terms and conditions of employment as required by section 1 of the Employment Rights Act 1996. Under section 38 of the Employment Act 2002, the respondent shall pay the claimant four weeks’ wages - £1,771.40 (gross without deduction of Income Tax and National Insurance).[5]The total payable by the respondent to the claimant is £3,069.21 + £501.11 + £88.57 + £442.85 + £1,771.40 = £5,873.14 (gross without deduction of Income Tax and National Insurance)