Claimant v LE Davis Construction Limited (Creditors Voluntary Liquidation)
Outcome
Individual claims
The complaint in respect of holiday pay was withdrawn by the Claimant at the preliminary hearing.
The claim for a redundancy payment was dismissed as it was not made to the Tribunal or to the First Respondent within the applicable time limit, or within the six-month period immediately thereafter. The claim was therefore out of time and the tribunal had no jurisdiction to hear it.
Facts
The Claimant, Stuart Davis, brought claims against his former employer LE Davis Construction Limited (which had entered creditors voluntary liquidation) and the Secretary of State for Business and Trade. The claims concerned holiday pay and a redundancy payment. Neither respondent attended the preliminary hearing. The Claimant appeared in person by video link.
Decision
The tribunal dismissed both claims. The holiday pay claim was withdrawn by the Claimant. The redundancy payment claim was dismissed on the basis that it had not been made to the tribunal or the First Respondent within the applicable statutory time limit or the six-month extension period thereafter.
Practical note
Redundancy payment claims have strict time limits and cannot be heard if brought outside the six-month extended period, even where the employer is insolvent and the Secretary of State is involved.
Case details
- Case number
- 6002950/2024
- Decision date
- 30 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No