Claimant v Secretary of State for Defence
Outcome
Individual claims
The tribunal found that the claimant was not dismissed by reason of redundancy. The reason for dismissal was not redundancy as defined in the Employment Rights Act 1996.
The tribunal found that the respondent did not make unlawful deductions from the claimant's wages in respect of holiday pay. The claimant's entitlement to holiday pay was properly calculated and paid.
Facts
Mr Bangura brought claims against the Ministry of Defence for a redundancy payment and holiday pay. He represented himself while the Ministry of Defence was represented by counsel. The hearing took place remotely over two days in May 2025.
Decision
Employment Judge Barker dismissed both claims after a two-day hearing. The tribunal found that the claimant was not dismissed by reason of redundancy and that no unlawful deductions had been made from his wages in respect of holiday pay.
Practical note
A claimant must prove that dismissal was by reason of redundancy to succeed in a claim for redundancy payment, and mere assertions of underpaid holiday pay without evidence of unlawful deductions will fail.
Case details
- Case number
- 2402894/2024
- Decision date
- 23 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- military
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No