Claimant v J Carter Supporting Club Limited
Outcome
Individual claims
The claim was struck out because the Claimant did not have the requisite two years' continuous employment required by section 155 of the Employment Rights Act 1996 to claim a statutory redundancy payment. The Claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide an acceptable reason.
Facts
Mr Ali was employed by J Carter Supporting Club Limited for less than two years before his employment ended. He brought a claim for a statutory redundancy payment along with other complaints. The tribunal invited him to explain why the redundancy claim should not be struck out given his short service.
Decision
The tribunal struck out the redundancy payment claim because the Claimant lacked the two years' continuous employment required by section 155 of the Employment Rights Act 1996. The Claimant failed to provide an acceptable reason for the claim to proceed. Other complaints brought by the Claimant were unaffected by this judgment.
Practical note
A claimant must have at least two years' continuous employment to claim statutory redundancy pay; claims lacking this qualifying service will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 6021951/2024
- Decision date
- 28 April 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No