Claimant v Paradigm Human Performance Ltd (In Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The claim was not presented within the applicable time limit, but it was not reasonably practicable to do so and was presented within a further reasonable period, so it was allowed to proceed.
Although the redundancy payment claim was not made within six months of dismissal, it was presented to the tribunal during the six months immediately thereafter, and the tribunal found it just and equitable for the claimant to receive a redundancy payment under section 163 ERA 1996.
Withdrawn by claimant
Withdrawn by claimant (arrears of pay claim)
Withdrawn by claimant (pension contributions claim)
Facts
The claimant was dismissed by Paradigm Human Performance Ltd, which subsequently entered creditors voluntary liquidation. The claimant brought claims for notice pay, redundancy payment, holiday pay, arrears of pay and pension contributions. The first respondent did not attend the hearing. The notice pay and redundancy claims were presented outside the normal time limits.
Decision
The tribunal allowed the breach of contract and redundancy payment claims to proceed despite being out of time, finding it was not reasonably practicable to present the breach of contract claim in time and just and equitable to allow the redundancy claim. The tribunal awarded £1,054.79 notice pay and £3,536.50 redundancy payment. The holiday pay, arrears of pay and pension contributions claims were withdrawn and dismissed.
Practical note
Tribunals will extend time limits for claims against insolvent employers where it was not reasonably practicable to claim in time and it is just and equitable to do so, particularly for statutory redundancy payments.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1400496/2025
- Decision date
- 6 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No