Cases2404834/2024

Claimant v Print Serve Fylde Ltd

21 February 2025Before Employment Judge EeleyManchesterremote video

Outcome

Other

Individual claims

Redundancy Paynot determined

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

ERA 1996 s.164(1)(b)

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