Claimant v Kelburn Recruitment Ltd (in creditor's voluntary liquidation)
Outcome
Individual claims
The claim for arrears of wages was not presented within the applicable time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim in time. The claim was therefore dismissed.
The claim for breach of contract was not presented within the applicable time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim in time. The claim was therefore dismissed.
The tribunal found that the claimant was not an employee of the respondent at the relevant time. As redundancy pay requires employee status, the tribunal had no jurisdiction to determine the claim and it was dismissed.
Facts
Mr Maughan brought claims against Kelburn Recruitment Ltd (in liquidation) and the Secretary of State for arrears of wages, breach of contract, and redundancy pay. The first respondent was insolvent and in creditors' voluntary liquidation. The hearing took place over two days via video.
Decision
The tribunal dismissed all claims. The arrears of wages and breach of contract claims were out of time and it was reasonably practicable for the claimant to have brought them in time. The redundancy pay claim failed because the tribunal found the claimant was not an employee at the relevant time, meaning the tribunal lacked jurisdiction.
Practical note
Worker status is insufficient for redundancy pay claims which require employee status; time limit compliance remains critical even where the employer is insolvent and claims are directed at the Secretary of State.
Legal authorities cited
Case details
- Case number
- 6018496/2024
- Decision date
- 14 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No