Claimant v Secretary of State for Business and Trade
Outcome
Individual claims
This was a preliminary hearing to determine jurisdiction and time limit issues only. The tribunal ruled it had jurisdiction to hear the claim as it was presented in time. The substantive claim will proceed to be heard and determined in the usual way with directions to be provided separately.
Facts
The claimant was employed by One Button Ltd which went into creditor's voluntary liquidation. She applied to the Secretary of State for Business & Trade for a payment from the redundancy payments service, and the Secretary of State made a decision on her application on 14 February 2024. The claimant commenced early conciliation and presented a claim to the employment tribunal. The second respondent did not present a response and was barred from taking part in the proceedings.
Decision
The tribunal held a preliminary hearing to determine jurisdiction, specifically whether the claim was presented in time. Considering ERA 1996 section 188, the tribunal concluded the claim was in time because it was presented within 3 months of the Secretary of State's decision on 14 February 2024. The tribunal therefore has jurisdiction to hear and determine the claim, which will proceed with directions to be provided separately.
Practical note
Claims against the Secretary of State for redundancy payments must be presented within 3 months of the decision on the application to the redundancy payments service under ERA 1996 s.188.
Legal authorities cited
Statutes
Case details
- Case number
- 2600569/2024
- Decision date
- 18 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No