Miss L Turner v Qube Qualifications and Development Ltd and Secretary of State for Business and Trade: 2600976/2023
JUDGMENT
The claim for a redundancy payment is struck out.REASONS
[1]The claimant complains of failure to make a redundancy payment[2]Section 155 of the Employment Rights Act 1996 requires a claimant to have not less than two years’ service to make such a clam.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring such a claim.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the claim for a redundancy payment is struck out. Case no: 2600976.2023[1]The respondent’s premises at Bee House, 140 Eastern Avenue, Milton Park, Abingdon, Oxfordshire, OX14 4SB constituted an establishment for the purpose of s188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A”).[2]There was no recognised trade union or appointed or elected employee representatives for the purpose of s188(1B) if TULR(C)A.[3]The complaint that the respondent failed to comply with a requirement of s188 of TULR(C)A is upheld.[4]The Tribunal makes a protective award in favour of the claimant.[5]The respondent is ordered to pay to the claimant remuneration for the protected period of 90 days (or 12.86 weeks) beginning on 28 March 2023 of £6,924.60. Notice pay[6]The complaint of breach of contract in relation to notice pay is well-founded.[7]The respondent shall pay the claimant £1,821.48 as damages for breach of contract (equivalent of 4 weeks’ pay). This figure has been calculated using net pay. Credit[8]Credit is to be given for sums paid by the Redundancy Payments Service in relation to notice pay and redundancy pay. Approved by: