Mr B Costa v Signorellis Deli Ltd: 3306227/2024
JUDGMENT
The complaint of Redundancy Payment is struck out.REASONS
[1]By a letter dated 02/09/2024 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the complaint of Redundancy Payment should not be struck out. the claimant had not complied with the Order of the Tribunal dated 02/09/2024.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The complaint of Redundancy Payment is therefore struck out. Approved by:[1]There is no reasonable prospect of the original decision being varied or revoked. The Tribunal wrote to the Claimant on 2 September 2024 and noted that whereas he complained that he had a right to a redundancy payment, under section 155 of the Employment Rights Act 1996 employees do not have a right to a redundancy payment unless they were employed for two years or more except in certain specific circumstances which did not seem to apply in the Claimant’s case.[2]It appeared from the Claiamnt’s ET1 claim form that he was employed for less than two years, and he was notified that the Tribunal could not consider his complaint that he was entitled to a redundancy payment.[3]The Claimant was notified that an Employment Judge was considering striking out that complaint and he was advised that if he considered that he did have a right to a redundancy payment he must write to the Tribunal by 16 September 2024 explaining why. The Claimant did not do so and his claim for a redundancy payment was therefore struck out on 31 January 2025.[4]The Claimant’s application refers to him having provided additional information to the Tribunal on 14 January 2025, however that related to his other complaints which were not affected by the strike out of the complaint for a redundancy payment.[5]There is no reasonable prospect of the strike out being varied or revoked as regards the redundancy payment complaint as the Claimant had less than two years’ service with the Respondent. The application is therefore refused. Date: 28 March 2025 Approved by[1]By a letter dated 20 August 2025 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because the claimant had not complied with the Order of the Tribunal dated 20 August it has not been actively pursued as claimant failed to attend the hearing on 25 July 2025[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out. Approved by: