Miss A Holubieva v ARC Catering & Events Ltd: 6019286/2024
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 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 Slater Date: 13 January 2025[1]The claimant’s complaint of breach of contract in relation to notice pay is well- founded. The respondent shall pay the claimant, within 28 days of the date this judgment is sent to the parties, the sum of £436.16 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[2]The claimant’s complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended. The respondent shall pay the claimant, within 28 days of the date this judgment is sent to the parties, the sum of £91.52. The claimant is responsible for paying any tax or National Insurance.[3]The claimant’s complaint of unauthorised deductions from wages is well- founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay for work done in the final week of the claimant’s employment, amounting to 12 hours and 40 minutes work. The respondent shall Case Number: 6019286/24 2 pay the claimant, within 28 days of the date this judgment is sent to the parties, the sum of £144.95, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.