Mr K Ward v Aaqua Ltd: 3205245/2022
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. Acting Regional Employment Judge Russell Date: 25 January 2023 Case Number: 3205245/2022 1 EMPLOYMENT TRIBUNALS Claimant: Mr Kenneth Ward Respondent: Aaqua Limited Heard at: East London Hearing Centre (by video) On: 3rd July 2023 Before: Employment Judge Howden-Evans (sitting alone) Representation Claimant: In person Respondent: No attendance[1]The respondent has dismissed Mr Ward with insufficient notice. Mr Ward is entitled to £4,027 (1 month’s net pay) compensation for breach of contract for lack of notice (notice pay).[2]The respondent has failed to pay the claimant’s holiday entitlement (for holidays accrued but not taken at the time of dismissal) and is ordered to pay the claimant the sum of £2,657.82 (14.3 days’ net pay).[3]In failing to pay the claimant his wages for August 2022, the respondent has made unlawful deductions from the claimant’s wages and is ordered to pay the claimant the sum of £4,027 (1 month’s net pay).[4]In total the respondent is liable to pay the claimant the sum of £10,711.82. Interest will accrue at a rate of 8% per annum on any amount of this award that remains unpaid 14 days after the date of this Judgment: see Employment Tribunal (Interest) Order 1990 and s17 Judgments Act 1838. This means if the whole amount remains unpaid it will accrue interest at a rate of £2.35 per day. Case Number: 3205245/2022 2[5]The Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996 do not apply to this award.