Claimant v Plastic Regrind Sales North East Ltd
Outcome
Individual claims
The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a redundancy payment, awarding £1875.60. The respondent did not attend to contest the claim.
The claim for holiday pay was presented outside the applicable time limit and the tribunal found it was reasonably practicable to have presented the claim in time, therefore the complaint was dismissed.
Facts
The claimant, Mr Edwards, brought claims for redundancy pay and holiday pay against his former employer, Plastic Regrind Sales North East Ltd. The respondent did not attend the hearing. The claimant appeared in person at a video hearing before Employment Judge Miller.
Decision
The tribunal awarded the claimant £1875.60 in statutory redundancy pay under section 163 ERA 1996. However, the holiday pay claim was dismissed as it was presented outside the applicable time limit and the tribunal found it was reasonably practicable to have presented it in time.
Practical note
When a respondent fails to attend, the tribunal will still scrutinise time limits for different types of claims, and a successful redundancy claim does not guarantee success for time-barred holiday pay claims brought in the same proceedings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6015351/2024
- Decision date
- 5 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No