Claimant v Super Retro Bros Limited (in creditors voluntary liquidation)
Outcome
Individual claims
The tribunal found that the claimant was not an employee of the First Respondent within the meaning of section 230 of the Employment Rights Act 1996. Without employee status, the claimant had no statutory entitlement to a redundancy payment.
Facts
The claimant, Mr J Sherman, brought a claim for redundancy payment against Super Retro Bros Limited, which was in creditors voluntary liquidation, and the Secretary of State for Business and Trade as second respondent. The first respondent did not attend the hearing. The claimant represented himself. The central issue was whether the claimant had employee status.
Decision
The tribunal found that Mr Sherman was not an employee within the meaning of section 230 of the Employment Rights Act 1996. As a result, his claim for a redundancy payment was not well founded and was dismissed.
Practical note
Without establishing employee status under section 230 ERA 1996, a claimant cannot pursue a statutory redundancy payment claim, even where the employer is insolvent.
Legal authorities cited
Statutes
Case details
- Case number
- 6016643/2024
- Decision date
- 28 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No