Claimant v GreenLight
Outcome
Individual claims
The claimant did not have the qualifying two years' service under section 155 of the Employment Rights Act 1996 and failed to make representations or request a hearing after being given the opportunity to do so.
The claim for notice pay was struck out alongside the redundancy pay claim. The claimant failed to make representations or request a hearing after being given the opportunity to do so.
The claim for unpaid wages continues and has not yet been determined by the tribunal.
Facts
The claimant brought claims for redundancy payment, notice pay, and unpaid wages against GreenLight. The tribunal wrote to the claimant on 28 March 2023 indicating that his redundancy and notice pay claims appeared to lack merit because he did not have the qualifying two years' service under section 155 of the Employment Rights Act 1996. The claimant was given an opportunity to make representations or request a hearing but failed to respond.
Decision
The tribunal struck out the claims for redundancy payment and notice pay due to the claimant's lack of qualifying service and failure to respond to the tribunal's letter. The claim for unpaid wages continues.
Practical note
Unrepresented claimants must respond to tribunal notices inviting representations or risk having their claims struck out, particularly where there are clear jurisdictional bars such as insufficient qualifying service for redundancy pay.
Legal authorities cited
Statutes
Case details
- Case number
- 2301048/2023
- Decision date
- 20 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- GreenLight
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No