Claimant v Leonard Buca Limited
Outcome
Individual claims
The tribunal found that the claimant was not entitled to a statutory redundancy payment because he was employed for less than 2 years. Under the Employment Rights Act 1996, an employee must have at least 2 years' continuous service to qualify for a statutory redundancy payment.
The tribunal determined that the respondent made unauthorised deductions from the claimant's wages. The respondent failed to present a valid response on time, and under rule 21 the tribunal made a determination on the papers. The claimant succeeded in establishing the deduction.
Facts
The claimant brought claims for statutory redundancy payment and unlawful deduction of wages against his former employer. The respondent failed to present a valid response on time. The claimant had less than 2 years' service. The tribunal determined the claim under rule 21 on the papers without a hearing.
Decision
The tribunal dismissed the redundancy pay claim because the claimant lacked the required 2 years' continuous service. However, the tribunal upheld the unlawful deduction of wages claim and awarded the claimant £1,150.00 gross. The total award was £1,150.00.
Practical note
Rule 21 default judgments still require claimants to satisfy qualifying criteria - an undefended claim for statutory redundancy will fail if the claimant has less than 2 years' service.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305665/2024
- Decision date
- 15 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No