Outcome
Individual claims
The claimant did not have two years' continuous employment as required by s.155 ERA 1996 for the right to a statutory redundancy payment. The claim was struck out as having no reasonable prospect of success.
Facts
The claimant was employed by Green Jelly Fish for less than two years and claimed a statutory redundancy payment. The judgment notes that other complaints brought by the claimant are not affected by this decision, indicating there are multiple claims in the case.
Decision
The tribunal struck out the redundancy payment claim because the claimant did not have the required two years' continuous employment under s.155 ERA 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
A statutory redundancy payment claim will be struck out where the claimant has less than two years' continuous service, as the qualifying period is a mandatory jurisdictional requirement.
Legal authorities cited
Statutes
Case details
- Case number
- 6022462/2024
- Decision date
- 16 May 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Green Jelly Fish
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No