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, which is a statutory requirement for the right to a redundancy payment to arise. The claimant failed to make any representations or request a hearing after being given the opportunity to do so.
Facts
The claimant brought a claim for redundancy payment against three respondents, including Modular Group Limited which was in creditors' voluntary liquidation. The tribunal sent a letter on 4 December 2024 giving the claimant an opportunity to make representations or request a hearing on why the redundancy claim should not be struck out, as he had not been employed for the required two complete years to qualify for redundancy payment. The claimant did not respond or make any representations.
Decision
The tribunal struck out the redundancy payment claim under Rule 38(1)(a) as having no reasonable prospect of success due to the claimant's failure to meet the two-year qualifying period. The claimant's remaining claims will be considered at a case management hearing on 11 September 2025.
Practical note
A redundancy payment claim will be struck out where the claimant lacks the statutory two-year qualifying period of employment, particularly where the claimant fails to engage with the tribunal's invitation to make representations.
Legal authorities cited
Statutes
Case details
- Case number
- 2407191/2024
- Decision date
- 27 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No