Case 2303630/2022 · Employment Tribunal
Miss C Pastor Pastor v Angela Long — 2023
- Case reference
- 2303630/2022
- Decision date
- 9 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge L Clarke
Parties
2 namedClaimant
Miss C Pastor Pastor
Respondent
Key findings
Tribunal's reasoningBy a letter dated 18 November 2022, the tribunal gave the claimant an opportunity to make written representations or request a hearing on why the redundancy payment claim should not be struck out. The tribunal identified the reason as a lack of reasonable prospect of success, because section 155 of the Employment Rights Act 1996 provides that an employee is not entitled to a redundancy payment unless they have been employed for two years or more, and the claim appeared to show less than two years' service.
The claimant did not make representations in writing, did not make sufficient representations, and did not request a hearing. The tribunal therefore struck out the redundancy payment claim. The judgment was signed by Employment Judge L Clarke on 21 December 2022 and sent to the parties on 9 January 2023.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Struck out because the tribunal considered the claim had no reasonable prospect of success: the claim form indicated the claimant had been employed for less than two years, and section 155 of the Employment Rights Act 1996 requires two years' employment for a redundancy payment. | Struck out | — | — |
Legal tests applied
3 references- section 155 Employment Rights Act 1996
- rule 37
- no reasonable prospect of success
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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