A Chance v Philip's Wholesale Ltd: 6007057/2024
JUDGMENT
The complaint of a right to a redundancy payment is struck out.REASONS
[1]By a letter dated 23 August 2024 the Tribunal gave the claimant until 6 September 2024 to make representations or to request a hearing, as to why the complaint of a right to a redundancy payment should not be struck out because it appears from the claim that he has been employed for less than two years. 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 do not seem to apply in the claimant’s case.[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 a right to a redundancy payment is therefore struck out.[3]The claimant’s remaining claim(s) remain listed for hearing on 02/01/2025. Employment Judge Allen Dated: 21 October 2024 Case Number: 6007057/2024 1 EMPLOYMENT TRIBUNALS Claimant: Mr A Chance Respondent: Philip’s Wholesale Limited Heard at: East London Employment Tribunal On: 19 March 2025 Before: Employment Judge C Lewis Representation Claimant: In person Respondent: Did not attend[1]The complaint of breach of contract in relation to pay is well-founded.[2]The respondent shall pay the claimant £4320.00 as damages for breach of contract. This figure has been calculated using gross pay. The claimant is responsible for paying any tax or National Insurance. Holiday Pay[3]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.[4]The respondent shall pay the claimant £1155.00. The claimant is responsible for paying any tax or National Insurance.