Cases1401278/2024

Claimant v Rusty Pig Limited (In creditors voluntary liquidation) c/o practitioners Samuel Bailey and Hamish Adam

28 March 2025Before Employment Judge Beeverremote video

Outcome

Claimant fails

Individual claims

Redundancy Payfailed

The claimant's claim for a redundancy payment from the Secretary of State under section 163 of the Employment Rights Act 1996 was not well-founded. The tribunal dismissed the claim after hearing evidence and submissions from the claimant and the Secretary of State's representative.

Facts

The claimant was employed by Rusty Pig Limited, which subsequently went into creditors voluntary liquidation with Samuel Bailey and Hamish Adam appointed as practitioners. The claimant brought a claim for redundancy payment against the Secretary of State under section 163 of the Employment Rights Act 1996. The first respondent company did not attend the hearing. The claimant appeared in person and the Secretary of State was represented.

Decision

The tribunal dismissed the claimant's claim for redundancy payment from the Secretary of State, finding it was not well-founded. Oral reasons were given at the hearing, and the judgment was issued following a remote CVP hearing.

Practical note

A claim for statutory redundancy payment from the National Insurance Fund under section 163 ERA 1996 must meet specific statutory criteria to succeed, and self-represented claimants should ensure they can demonstrate their entitlement.

Legal authorities cited

Statutes

ERA 1996 s.163

Case details

Case number
1401278/2024
Decision date
28 March 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Claimant representation

Represented
No