Claimant v Rogers & Jones Architects Limited (in liquidation)
Outcome
Individual claims
The tribunal found the claimant was an employee of the first respondent which was insolvent, and was made redundant on 03 January 2024. The tribunal granted an extension of the time limit on just and equitable grounds given the claimant was not formally notified of redundancy until 20 September 2024. The claim for statutory redundancy payment under s164(1) ERA 1996 succeeded.
Facts
The claimant was employed by Rogers & Jones Architects Limited and made redundant on 03 January 2024 when the company went into creditors voluntary liquidation. The claimant was not formally notified of his redundancy until 20 September 2024. He brought a claim for statutory redundancy pay against the insolvent employer and the Secretary of State in December 2024, outside the normal time limit. Neither respondent attended the hearing.
Decision
The tribunal granted the claimant's application to extend the time limit for claiming a redundancy payment on just and equitable grounds, given the late formal notification of redundancy. The tribunal found the claimant entitled to a statutory redundancy payment of £3,722.24 and ordered the Secretary of State (on behalf of the National Insurance Fund) to pay this sum.
Practical note
Tribunals will extend time limits for redundancy payment claims on just and equitable grounds where the delay in bringing the claim is attributable to late formal notification of the redundancy by an insolvent employer.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6020526/2024
- Decision date
- 12 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep