Claimant v Shipshape Limited (in liquidation)
Outcome
Individual claims
The tribunal found that the claimant was not an employee of the first respondent within the meaning of s166(5) of the ERA 1996. Since employee status is a prerequisite for a redundancy payment claim, and the claimant failed to establish this, the claim was dismissed.
Facts
The claimant brought a claim for redundancy pay against Shipshape Limited (in liquidation) and the Secretary of State for Business and Trade. The first respondent was in creditors' voluntary liquidation and insolvent. The case turned on whether the claimant had employee status with the first respondent.
Decision
The tribunal found that the claimant was not an employee of the first respondent within the meaning of s166(5) of the ERA 1996. Without employee status, the claimant could not establish entitlement to redundancy pay under s182 ERA 1996, and the claim was dismissed.
Practical note
Employee status is a fundamental prerequisite for statutory redundancy payment claims, and claimants must establish this relationship before the tribunal will consider entitlement to payment from the National Insurance Fund.
Legal authorities cited
Statutes
Case details
- Case number
- 6011469/2024
- Decision date
- 10 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No