Claimant v AHRO Scientific Publishing Ltd
Outcome
Individual claims
The claim for notice pay was struck out because it is common ground that the claimant resigned from her employment rather than being dismissed, and notice pay only arises where an employee is dismissed without requisite notice. As a matter of law, the claimant had no entitlement to notice pay following resignation.
The redundancy pay claim was struck out for two reasons: first, the claimant resigned rather than being dismissed by reason of redundancy; and second, the claimant did not have the two years' service required under section 155 of the Employment Rights Act 1996 to have a right to redundancy pay.
The claim for arrears of pay remains live and was not subject to this strike-out application. No determination has been made on this claim.
The holiday pay claim remains live and was not subject to this strike-out application. No determination has been made on this claim.
Facts
The claimant resigned from her employment with AHRO Scientific Publishing Ltd. She brought claims including notice pay and redundancy pay. It was common ground that she resigned rather than being dismissed. She also did not have two years' service. The tribunal wrote to her on 23 January 2024 indicating it was considering striking out the notice and redundancy pay claims, giving her 14 days to object. No response was received.
Decision
The tribunal struck out the claims for notice pay and redundancy pay under Rule 37(1)(a) on the basis they had no reasonable prospects of success. Both claims require dismissal, but the claimant resigned. Additionally, she lacked the two years' service required for redundancy pay under section 155 ERA 1996. The claims for arrears of pay and holiday pay remain live.
Practical note
Claims for notice pay and redundancy pay have no prospect of success where the employee resigned rather than being dismissed, regardless of the circumstances of the resignation.
Legal authorities cited
Statutes
Case details
- Case number
- 4106946/2023
- Decision date
- 19 February 2024
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- media
- Represented
- No
Claimant representation
- Represented
- No