Claimant v University of Nottingham

Outcome

Facts

The claimant worked as a catering assistant for the University of Nottingham from September 2000, initially as a casual worker, then as an employee from November 2007 until his voluntary redundancy in July 2020. He was paid £13,519.29 under an enhanced redundancy scheme based on 12 years' service as an employee. In December 2020 he disputed this, claiming 19 years' continuous service. He contacted ACAS and the employer in January 2021 but did not issue tribunal proceedings until October 2024. He sought an enhanced redundancy payment reflecting all 19 years.

Decision

The tribunal dismissed the claim. Although the claim was in time under s.164(1)(b) ERA as the claimant challenged the redundancy amount in writing within 6 months, the tribunal found he was a casual worker, not an employee, between 2000-2007 due to lack of evidence of mutuality of obligation. The redundancy payment calculation based on 12 years' service was correct. Even if he had been an employee for 19 years, the statutory redundancy payment would be £9,608.48, less than the £13,519.29 already paid.

Practical note

Legal authorities cited