Miss P Love v MPL Contact: 2602947/2022
JUDGMENT
The claim for a redundancy payment is struck out. The complaint that the claimant was unfairly dismissed 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.[7]The claimant also complains of unfair dismissal.[8]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.[9]The claimant was employed by the respondent for less than two years.[10]Therefore the claimant is not entitled to bring such a complaint.[11]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.[12]Accordingly, the complaint of unfair dismissal is struck out.[13]There being no remaining complaints, the claim is at an end and all future hearings are cancelled.