Claimant v Secretary of State for Business and Trade
Outcome
Individual claims
Claim under s.188 Employment Rights Act 1996 for failure to make payment under s.182 was presented out of time. Tribunal found it was reasonably practicable to have presented the claim in time, therefore dismissed the claim.
Reference under s.170(1) Employment Rights Act 1996 succeeded. Tribunal determined the Respondent is liable to pay the employer's payment in the amount of £6,461.56.
Facts
The Claimant brought a claim against the Secretary of State for Business and Trade seeking a payment under s.182 Employment Rights Act 1996 and making a reference under s.170(1) ERA 1996 regarding an employer's payment. The claim was heard remotely via CVP with the Claimant appearing in person and the Respondent represented by a lay representative.
Decision
The tribunal dismissed the claim under s.188 ERA 1996 for failure to make payment under s.182 on the basis it was presented out of time and it was reasonably practicable to have presented it in time. However, the tribunal found in favour of the Claimant on the s.170(1) reference, determining the Respondent is liable to pay £6,461.56 as the employer's payment.
Practical note
Claims against the Secretary of State for employer payments under insolvency provisions must be brought within strict time limits, and the 'reasonably practicable' test is strictly applied, though separate statutory references under s.170(1) ERA 1996 may still succeed.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3310387/2023
- Decision date
- 18 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Secretary of State for Business and Trade
- Sector
- central government
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No