Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
Claimant did not have the right to a redundancy payment under s.155 ERA 1996 as she had less than 2 years' continuous employment. The claim was struck out after the claimant was given the opportunity to explain why it should not be struck out but did not give an acceptable reason.
Facts
The claimant was employed by Qube Qualifications and Development Limited (now in creditors voluntary liquidation) for less than 2 years. The company entered insolvency and the claimant made a claim for redundancy payment against both the insolvent employer and the Secretary of State. The judgment notes that other complaints remain active and are not affected by this strike out.
Decision
The tribunal struck out the redundancy payment claim on the basis that the claimant did not meet the two-year qualifying period required under s.155 ERA 1996. The claimant was given the opportunity to explain why the claim should not be struck out but did not provide an acceptable reason. Other claims remain live.
Practical note
Statutory redundancy pay claims require two years' continuous employment and will be struck out on a preliminary basis where the claimant demonstrably lacks the qualifying service.
Legal authorities cited
Statutes
Case details
- Case number
- 3303934/2023
- Decision date
- 7 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No