Claimant v Print Serve Fylde Ltd
Outcome
Individual claims
Preliminary hearing determined only that the claim was presented within time and the claimant complied with s.164(1)(b) ERA 1996. The claim will proceed to a full hearing on the merits.
Facts
Mr Whittaker was made redundant by Print Serve Fylde Ltd, which subsequently entered creditors' voluntary liquidation. He brought a claim for statutory redundancy payment. The respondent did not appear at the preliminary hearing.
Decision
The tribunal found the claim was presented within the applicable time limit and that the claimant complied with the requirement under s.164(1)(b) ERA 1996. The claim will proceed to a full hearing on the merits.
Practical note
A preliminary hearing can determine jurisdictional issues such as time limits and compliance with statutory preconditions even where the respondent is in liquidation and does not appear.
Legal authorities cited
Statutes
Case details
- Case number
- 2404834/2024
- Decision date
- 21 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No