Claimant v Briercliffe day nursery
Outcome
Individual claims
The claim was struck out because the claimant had less than two years' continuous employment. Section 155 of the Employment Rights Act 1996 requires two years' service for the right to a redundancy payment. The claimant was given an opportunity to explain why the claim should not be struck out but did not provide an acceptable reason.
Facts
The claimant was employed by Briercliffe day nursery for less than two years. Her employment ended and she claimed a statutory redundancy payment. The respondent did not appear to participate in the proceedings.
Decision
The tribunal struck out the claim because Section 155 of the Employment Rights Act 1996 requires two years' continuous employment for the right to a redundancy payment. The claimant had less than two years' service and could not provide an acceptable reason why the claim should proceed.
Practical note
Employees must have at least two years' continuous employment to qualify for a statutory redundancy payment under the Employment Rights Act 1996.
Legal authorities cited
Statutes
Case details
- Case number
- 2401940/2025
- Decision date
- 20 June 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No