Claimant v Carla Abram
Outcome
Individual claims
The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment. The claimant was 22 years of age at the time employment ended, leading to an award of £1,020.
The complaint of breach of contract in relation to notice pay was not presented within the applicable time limit and it was reasonably practicable to do so, therefore the claim was dismissed.
The complaint of unlawful deduction from wages was not presented within the applicable time limit and it was reasonably practicable to do so, therefore the claim was dismissed.
Facts
The claimant, aged 22 when her employment ended, brought claims for redundancy pay, notice pay (breach of contract), and unlawful deduction from wages against an individual employer. The respondent did not attend the hearing. The claimant appeared in person with her mother in attendance.
Decision
The tribunal awarded the claimant £1,020 in redundancy pay under section 163 ERA 1996. However, the claims for notice pay and unlawful deduction from wages were dismissed as out of time, with the tribunal finding it was reasonably practicable for the claimant to have brought these claims within the time limit.
Practical note
Even where a respondent does not appear and a claimant succeeds on one claim, tribunals will still strictly apply time limit rules and dismiss out-of-time claims where it was reasonably practicable to present them in time.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2501972/2024
- Decision date
- 15 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Carla Abram
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No