Claimant v Qube Learning and Development
Outcome
Individual claims
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 for entitlement to a redundancy payment. The claimant was given an opportunity to explain why the claim should not be struck out but failed to provide an acceptable reason.
Facts
The claimant brought a claim for a redundancy payment following her employment with Qube Learning and Development. Her employment lasted less than two years. The claimant was given an opportunity to explain why her claim should not be struck out but did not provide an acceptable reason. The judgment notes that other complaints brought by the claimant remain unaffected.
Decision
The tribunal struck out the claim for redundancy payment because the claimant lacked the necessary two years' continuous employment required under section 155 of the Employment Rights Act 1996. The claimant's other complaints were not affected by this decision.
Practical note
Claims for statutory redundancy payments will be struck out where the employee does not meet the two-year qualifying service requirement, regardless of the merits of any redundancy.
Legal authorities cited
Statutes
Case details
- Case number
- 2600726/2023
- Decision date
- 11 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No