Claimant v The Panini Brothers Ltd (in liquidation)
Outcome
Individual claims
The tribunal struck out the claim on the basis that it had no jurisdiction to hear it and that it had no reasonable prospects of success. The claimant had less than 2 years' continuous service at the date of dismissal, which is a statutory requirement under Section 155 of the Employment Rights Act 1996 for bringing a redundancy payment claim.
Facts
Ms Thurston brought a claim for statutory redundancy payment against The Panini Brothers Ltd, which was in liquidation, and the Secretary of State for Business. The first respondent company was insolvent. The claimant had less than 2 years' continuous service at the date of her dismissal.
Decision
The tribunal struck out the claim on jurisdictional grounds. Under Section 155 of the Employment Rights Act 1996, a claimant must have at least 2 years' continuous service to bring a claim for statutory redundancy payment. The claimant did not meet this qualifying requirement and therefore the claim had no reasonable prospects of success.
Practical note
Statutory redundancy payment claims require 2 years' continuous service and will be struck out at a preliminary stage if this threshold is not met, even where the employer is insolvent and the Secretary of State is joined as a respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 2305304/2024
- Decision date
- 6 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No