Outcome
Individual claims
The claim was struck out because the claimant had less than two years' service and therefore did not meet the statutory qualifying period for a redundancy payment under s.155 Employment Rights Act 1996. The claimant was given an opportunity to explain why the claim should not be struck out but did not provide an acceptable reason.
Facts
The claimant brought a claim for a redundancy payment against her former employer Care Mithra. The claimant had been employed for less than two years. The tribunal wrote to the claimant on 20 August 2024 giving her an opportunity to explain why the claim should not be struck out, but she did not provide an acceptable reason.
Decision
The tribunal struck out the redundancy payment claim because the claimant did not meet the statutory two-year qualifying period required under s.155 Employment Rights Act 1996. The judgment noted that the claimant's other complaints were not affected by this strike-out.
Practical note
Employees must have at least two years' continuous service to qualify for a statutory redundancy payment, and claims lacking this qualifying period will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 3305677/2024
- Decision date
- 4 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Care Mithra
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No