Claimant v Mitie Limited
Outcome
Individual claims
The claim was struck out because the claimant did not meet the statutory qualifying period. Section 155 of the Employment Rights Act 1996 requires two years' continuous employment for the right to a redundancy payment, and the claimant was employed for less than two years.
Facts
Mr Afzal brought a claim for redundancy payment against his former employer Mitie Ltd. He was employed for less than two years. The tribunal noted that other complaints brought by the claimant remain unaffected by this judgment.
Decision
The tribunal struck out the redundancy payment claim because the claimant did not meet the statutory two-year qualifying period required under section 155 of the Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but did not provide an acceptable reason.
Practical note
Employees must have at least two years' continuous employment to qualify for a statutory redundancy payment under section 155 ERA 1996.
Legal authorities cited
Statutes
Case details
- Case number
- 1308613/2023
- Decision date
- 9 June 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Mitie Limited
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No