Claimant v Modular Group Limited (In Creditors Voluntary Liquidation)
Outcome
Individual claims
The claim for redundancy payment was struck out under Rule 38(1)(a) for having no reasonable prospect of success because the claimant had not been employed for two complete years at the date employment terminated and the right to a redundancy payment did not arise.
Facts
The claimant brought a claim for redundancy payment against Modular Group Limited, which is in creditors voluntary liquidation, and the Secretary of State for Business and Trade. The claimant had not been employed for two complete years at the date employment terminated. The tribunal gave the claimant an opportunity to make representations as to why the redundancy claim should not be struck out for having no reasonable prospect of success, but the claimant did not respond.
Decision
The tribunal struck out the redundancy payment claim under Rule 38(1)(a) for having no reasonable prospect of success because the claimant lacked the two-year qualifying period required for a statutory redundancy payment. The claimant's remaining claims will be considered at a case management hearing on 11 September 2025.
Practical note
Statutory redundancy payments require two complete years of continuous employment, and claims lacking this qualification will be struck out as having no reasonable prospect of success.
Legal authorities cited
Statutes
Case details
- Case number
- 2406740/2024
- Decision date
- 27 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No