Mr S Atkins v Torsion Information Security Ltd (in Voluntary Liquidation): 3306628/2024
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]The claimant was given the opportunity, in a letter dated 21st October 2024, 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 Hutchings Date: 14 March 2025[1]The Tribunal wrote to the claimant on 21 October 2025 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that you have not complied with the Order of the Tribunal dated 2 July 2025 and 5 September 2025.[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied.[3]I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim. The claim is therefore struck out. Approved by: