Cases3305742/2024

Claimant v Tesco Stores Limited

31 January 2025Before Employment Judge LaidlerBury St Edmundsremote video

Outcome

Claimant fails

Individual claims

Redundancy Paystruck out

The tribunal struck out the claim as having no reasonable prospects of success. The claimant had received both statutory redundancy (£7,153.23) and enhanced redundancy payment (£11,095.92) to which she was entitled. She had signed acceptance letters confirming she understood the deferment terms and that redundancy would be recalculated. There was no legal basis for an additional claim for approximately £30,000 which was not evidenced in any redundancy statement.

Facts

The claimant worked for Tesco from December 2001 to March 2024. She was made redundant and placed at risk in March 2023. She accepted two fixed-term contract extensions in April 2023 and October 2023, signing letters confirming she understood that her redundancy entitlement would be recalculated and she would not receive payment in lieu of notice. Upon leaving in March 2024, she received statutory redundancy of £7,153.23 plus enhanced payment of £11,095.92 (36 weeks' pay for 22 years' service) and other payments totaling approximately £21,246. She claimed she was owed an additional £5,000, alleging the deferment option was not properly explained and she believed she would receive approximately £30,000.

Decision

The tribunal struck out the claim as having no reasonable prospects of success. The claimant had received all redundancy payments to which she was entitled under both statute and the respondent's enhanced scheme. There was no evidence of an indicative statement showing £30,000. Crucially, the claimant had signed acceptance letters twice confirming she understood the deferment terms. The tribunal could not identify any legal basis for the claim.

Practical note

Even where a claimant subjectively feels 'cheated', a claim will be struck out if they have received all payments due and signed documentation confirming their understanding of the terms, particularly where no legal basis for additional payment is identified.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 Rule 38Employment Tribunal Procedure Rules 2024 Rule 40

Case details

Case number
3305742/2024
Decision date
31 January 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Employment details

Service
22 years

Claimant representation

Represented
No