Mr R Lofthouse v Saint-Gobain Building Distribution Ltd: 2603442/2020
JUDGMENT
The complaints of unfair dismissal and a declaration for a redundancy payment are both struck out.REASONS
[1]The claimant complains of unfair dismissal and also seeks a declaration for 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. Section 155 of the Employment Rights Act 1996 requires two years service in order to qualify for a redundancy payment. The claimant was employed by the respondent for less than two years.[3]Therefore, the claimant is not entitled to bring complaints of unfair dismissal and a redundancy payment.[4]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so why the complaints should not be struck out.[5]Accordingly, the complaints of unfair dismissal and a redundancy payment are both struck out. The claimant’s other complaints are not affected by this judgment.