Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The claim was struck out because the claimant did not have the requisite two years' service required by Section 155 of the Employment Rights Act 1996 to bring a claim for a redundancy payment. The claimant was given the opportunity to provide reasons why the claim should not be struck out but failed to provide acceptable reasons.
Facts
The claimant, Miss L Turner, was employed by Qube Qualifications and Development Limited for less than two years. The employment ended, and the claimant brought a claim for a redundancy payment. The claimant was given an opportunity to provide reasons why the claim should not be struck out but failed to provide acceptable reasons.
Decision
The Employment Tribunal struck out the claim for redundancy payment on the basis that the claimant lacked the requisite two years' continuous service required by Section 155 of the Employment Rights Act 1996 to bring such a claim. The claimant did not provide acceptable reasons to prevent the strike-out.
Practical note
Employment lawyers should note that two years' continuous service is a strict jurisdictional requirement for statutory redundancy pay claims, and claims without the requisite service will be struck out at a preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 2600976/2023
- Decision date
- 10 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No