Mrs C Ganiza v Oyo Technology and Hospitality UK Ltd: 3201006/2020
JUDGMENT
The complaints that the claimant was unfairly dismissed and entitled to a redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and seeks a statutory 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 a claimant to have not less than two years service to be entitled to a statutory redundancy payment.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such a complaints.[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 complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment.