Case 1401907/2020 · Employment Tribunal
Claimant v De Jesus Moniz v The Cliff Top Restaurant Ltd — 2020
- Case reference
- 1401907/2020
- Decision date
- 8 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner Date
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningMr V De Jesus Moniz brought a claim for redundancy payments against The Cliff Top Restaurant Ltd. In a judgment dated 8 September 2020, Employment Judge Rayner recorded that section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years' service to bring a redundancy payment claim.
The tribunal found that the claimant had been employed for less than two years. On that basis, he was not entitled to bring the redundancy payment complaint. The judgment records that he was given the opportunity to provide an acceptable reason why the complaint should not be struck out, but did not do so.
Accordingly, the claim for redundancy payment was struck out. The judgment also states that the claimant's other complaints were not affected by this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found that section 108 of the Employment Rights Act 1996 required at least two years' service for a redundancy payment claim, that the claimant had less than two years' service, and that he gave no acceptable reason why the complaint should not be struck out. | Struck out | — | — |
Legal tests applied
1 reference- s.108 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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