Claimant v The 79th Group Ltd (In Administration)
Outcome
Individual claims
The tribunal struck out the claim because the claimant was employed for less than two years. Section 155 of the Employment Rights Act 1996 requires two years' continuous employment to qualify for a statutory redundancy payment. The claimant was given an opportunity to explain why the claim should not be struck out but provided no acceptable reason.
Facts
The claimant was employed by a company that entered administration for less than two years. She brought a claim for a statutory redundancy payment. The judgment notes that she has other complaints pending that are not affected by this decision.
Decision
The tribunal struck out the redundancy payment claim on the basis that the claimant lacked the statutory two years' continuous employment required by s.155 ERA 1996. The claimant was given an opportunity to explain why the claim should not be struck out but provided no acceptable reason.
Practical note
Statutory redundancy payment rights only accrue after two years' continuous employment, and claims lacking this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6016838/2025
- Decision date
- 31 July 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No