Claimant v Think Big Global Limited
Outcome
Individual claims
The claimant was dismissed by reason of redundancy. Although the claim was submitted outside the statutory time limit under s164(1) ERA 1996, the tribunal exercised its discretion under s164(2) and 164(3) finding it just and equitable to award the redundancy payment. The respondent failed to present a valid response on time, allowing determination under rule 21.
Facts
Mrs Anderson-Krooder was dismissed by reason of redundancy after two years of employment with Think Big Global Limited. She earned a weekly salary of £543.60. She filed a claim for statutory redundancy payment on 23 March 2025 in Manchester Employment Tribunal. The respondent failed to present a valid response on time, and the claim was submitted outside the statutory time limit for redundancy payments.
Decision
Employment Judge Cookson determined the claim under rule 21 and rule 22 of the tribunal rules following the respondent's failure to respond. Despite the claim being outside the statutory time limit under s164(1) ERA 1996, the judge exercised discretion to find it just and equitable to award the redundancy payment under s164(2) and s164(3), awarding £1,087.50 representing one week's pay for each of two complete years of service.
Practical note
Tribunals retain discretion to award redundancy payments outside the statutory time limit where it is just and equitable, particularly where respondents fail to engage with proceedings under rule 21.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6010052/2025
- Decision date
- 19 November 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No