Cases3306628/2024

Claimant v Torsion Information Security Ltd (in Voluntary Liquidation)

14 March 2025Before Employment Judge HutchingsLondon Easton papers

Outcome

Claimant fails

Individual claims

Redundancy Paystruck out

The claimant was employed for less than two years and therefore did not meet the statutory qualifying period under section 155 of the Employment Rights Act 1996 to claim a redundancy payment. The claim was struck out as having no reasonable prospect of success.

Facts

The claimant was employed by Torsion Information Security Ltd, a company now in voluntary liquidation, for less than two years. Following termination, the claimant brought a claim for a statutory redundancy payment along with other unspecified complaints. The tribunal wrote to the claimant on 21 October 2024 inviting him to explain why the redundancy claim should not be struck out, but no acceptable reason was provided.

Decision

The tribunal struck out the redundancy payment claim because the claimant did not satisfy the two-year qualifying service requirement under section 155 of the Employment Rights Act 1996. The claimant's other complaints remain unaffected by this judgment and presumably will proceed separately.

Practical note

A claimant must have completed at least two years of continuous employment to qualify for a statutory redundancy payment, and claims lacking this fundamental requirement will be struck out as having no reasonable prospect of success.

Legal authorities cited

Statutes

ERA 1996 s.155

Case details

Case number
3306628/2024
Decision date
14 March 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
technology
Represented
No

Employment details

Service
2 years

Claimant representation

Represented
No