Claimant v Skeens Construction Ltd (in Creditors Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the claimants were neither employees of the First Respondent under s.230 of the Employment Rights Act 1996, nor was it just and equitable for the claims to proceed under s.164, having been brought more than 6 months but less than 12 months after the relevant date. The claims for redundancy payments were therefore dismissed.
Facts
Mr and Mrs Skeens brought claims for redundancy payments against Skeens Construction Ltd, which was in creditors voluntary liquidation, and the Secretary of State for Business and Trade. The First Respondent did not attend the hearing, and the Second Claimant did not attend. The claims were brought more than 6 months but less than 12 months after the relevant date.
Decision
The tribunal dismissed both claims for redundancy payments. The tribunal found that the claimants were not employees under s.230 of the Employment Rights Act 1996, and that it was not just and equitable to extend the time limit under s.164, given the claims were brought more than 6 months after the relevant date.
Practical note
Claims for redundancy payments against an insolvent employer and the Secretary of State will fail if the claimant cannot establish employee status and cannot satisfy the tribunal that a just and equitable extension of the time limit should be granted.
Legal authorities cited
Statutes
Case details
- Case number
- 1400776/2024
- Decision date
- 17 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No