Claimant v Orchard Works Garage Limited
Outcome
Individual claims
The tribunal found that the claim for statutory redundancy payment was brought within the time limit set out in Section 164(2) Employment Rights Act 1996 and it was just and equitable that the claimant should receive a redundancy payment. The claimant had 11 complete years of service.
The complaint of breach of contract for notice pay was not presented within the applicable time limit. The tribunal determined it was reasonably practicable to have brought the claim in time, and therefore dismissed this element of the claim.
Facts
Mrs Battelley was employed by Orchard Works Garage Limited for 11 complete years with a gross weekly pay of £490. Her employment ended and she made a redundancy payment claim. The respondent did not attend the hearing.
Decision
The tribunal awarded a statutory redundancy payment of £8,085 calculated at 1.5 weeks pay for each of 11 complete years of service. The notice pay claim was dismissed as it was presented out of time and it was reasonably practicable to have brought it within the statutory time limit.
Practical note
Time limits for different types of claims must be strictly observed; a claim for notice pay has different time limits than a redundancy payment claim and failure to meet those limits will result in dismissal even where other claims succeed.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6006004/2025
- Decision date
- 9 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 11 years
Claimant representation
- Represented
- No