Claimant v Tesco Stores Limited
Outcome
Individual claims
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
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