Cases6000416/2025

Claimant v A & D Curtains Limited

7 April 2025Before Employment Judge PriceNottinghamremote video

Outcome

Claimant fails

Individual claims

Redundancy Payfailed

The tribunal found that the claimant was not an employee for the purposes of section 230 of the Employment Rights Act 1996. Without employee status, the claimant had no entitlement to a statutory redundancy payment. The claim was therefore not well-founded and was dismissed.

Facts

Julie Smith brought a claim for a statutory redundancy payment against A & D Curtains Limited and the Secretary of State for Business & Trade. The case was heard remotely by video (CVP) at Nottingham on 7 April 2025. The claimant represented herself while the first respondent was represented by Mr Soni.

Decision

Employment Judge Price dismissed the claim, finding that the claimant was not an employee for the purposes of section 230 of the Employment Rights Act 1996. Without employee status, she had no entitlement to a statutory redundancy payment and the claim was not well-founded.

Practical note

Employment status is a jurisdictional threshold issue - without establishing employee status under section 230 ERA 1996, claims for statutory redundancy payments will fail regardless of the circumstances of termination.

Legal authorities cited

Statutes

ERA 1996 s.230

Case details

Case number
6000416/2025
Decision date
7 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No