Miss R Bowles v Care Mithra: 3305677/2024
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]With a letter from the Employment Tribunal sent on 20th August 2024, 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. Approved by Employment Judge Graham Date: 4 March 2025[1]The respondent made unlawful deductions from wages. The respondent must therefore pay to the claimant the sum of £2849.88 which is a net figure. The respondent is liable to pay any income tax or national insurance liabilities that may arise from this jugdment.[2]For the avoidance of doubt, the aforesaid sum is made up of £892.62 loss of pension contributions; £1596.71 wages for May 2024; and £360.55 non-payment of notice period. Approved by: