Mr E Maraziotis v Gin and Olive Bars and Restaurants Southampton Ltd: 6000002/2023
JUDGMENT
[1]The complaint that the claimant was unfairly dismissed is struck out.[2]The claim for a redundancy payment is struck out.REASONS
[1]The claimant complains of unfair dismissal and brings a claim for a 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. 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.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to a redundancy payment or to bring a complaint of unfair dismissal.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why these complaints should not be struck out.[6]Accordingly, the complaint of unfair dismissal and the claim for a redundancy payment are struck out. The claimant’s other complaints are not affected by this judgment. ________________________ Employment Judge Ferguson Date: 27 September 2023