Claimant v MS Acumen Limited
Outcome
Individual claims
The tribunal found the claim for holiday pay was presented outside the statutory time limit and therefore the tribunal did not have jurisdiction to hear it.
The tribunal found the claim for arrears of pay was presented outside the statutory time limit and therefore the tribunal did not have jurisdiction to hear it.
The tribunal found the claim for redundancy payment failed because the claimant was not an employee of the First Respondent and therefore had no entitlement to statutory redundancy pay.
Facts
The claimant brought claims against MS Acumen Limited (in creditors' voluntary liquidation) for holiday pay, arrears of pay, and redundancy payment. The Secretary of State for Business and Trade was added as a respondent by consent. This was a preliminary hearing conducted remotely by CVP. The first respondent did not attend or participate in the proceedings.
Decision
The tribunal dismissed all claims. The claims for holiday pay and arrears of pay were out of time and the tribunal had no jurisdiction to hear them. The claim for redundancy payment failed because the tribunal found the claimant was not an employee of the first respondent.
Practical note
Employment status is a threshold issue that must be established before statutory employment rights such as redundancy pay can be claimed.
Case details
- Case number
- 1811264/2024
- Decision date
- 14 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No