Case 1403835/2019 · Employment Tribunal
Mr A Haq v AJ Catering Ltd t/a The Spice Centre Restaurant and 1 other — 2020
- Case reference
- 1403835/2019
- Decision date
- 31 July 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dawson Date
Parties
3 namedClaimant
Mr A Haq
Key findings
Tribunal's reasoningThe tribunal dealt with a preliminary issue on the claimant's redundancy complaint. It recorded that Mr A Haq had been employed by AJ Catering Ltd t/a The Spice Centre Restaurant for less than one month. On that basis, the tribunal said he was not entitled to bring a redundancy payment claim under section 155 of the Employment Rights Act 1996, which requires at least two years' service.
The judgment also referred to notice pay. It stated that, although the claimant was not entitled to statutory notice under section 86 of the Employment Rights Act 1996, it would be for the tribunal at the final hearing to decide whether there was a contract with either respondent and, if so, whether there was an express or implied term as to notice. The judgment therefore did not determine any notice-pay issue.
The only formal disposal recorded is that the complaint that the claimant was made redundant was struck out. The tribunal added that the claimant had failed to give an acceptable reason, despite being given the opportunity to do so, for the redundancy complaints. It also stated that the claimant's other complaints were not affected by the judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal struck out the complaint that the claimant was made redundant. The reasons state that he had been employed for less than one month, so he was not entitled to bring a redundancy payment claim under s.155 Employment Rights Act 1996. The judgment also notes that the claimant did not give an acceptable reason, despite being given the opportunity, for the redundancy complaint. | Struck out | — | — |
Legal tests applied
2 references- s.155 Employment Rights Act 1996
- s.86 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
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