Ms S Derinyer v Marks and Spencers: 6001692/2025
JUDGMENT
The complaints that the claimant was unfairly dismissed and the claim for a redundancy payment are struck out.REASONS
[1]The claimant complains of unfair dismissal and claims 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 and has to have two year’s service to receive a redundancy payment.[3]The claimant was employed by the respondent for less than two years.[4]Therefore, the claimant is not entitled to bring such complaints.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaints should not be struck out.[6]Accordingly, the complaints of unfair dismissal and for a redundancy payment are struck out. The claimant’s other complaints are not affected by this judgment. Approved by