Cases2502416/2023

Claimant v ACTS Group Ltd (in voluntary liquidation)

6 February 2024Before Employment Judge SweeneyNewcastleremote video

Outcome

Partly successful£1,765

Individual claims

Redundancy Paysucceeded

The tribunal found the claim for statutory redundancy payment was well founded and succeeded. The claimant was entitled to payment based on his age (65), length of service (3 complete years), and weekly wage (£588.33).

Unlawful Deduction from Wagesstruck out

The tribunal dismissed this claim as it was presented outside the relevant statutory time limit under section 23 Employment Rights Act 1996, and the claimant failed to demonstrate it was not reasonably practicable to have presented the claim within the relevant period.

Holiday Paystruck out

The claim for outstanding accrued holiday pay under regulation 30 Working Time Regulations was dismissed as out of time, with the claimant unable to show it was not reasonably practicable to present the claim within the statutory period.

Breach of Contractstruck out

The breach of contract claim for notice pay under the Extension of Jurisdiction Order 1994 was dismissed on jurisdictional grounds as it was presented outside the time limit and the claimant could not establish reasonable impracticability.

Facts

Mr Gooch claimed statutory redundancy pay, arrears of wages, holiday pay, and notice pay from his former employer ACTS Group Ltd, which was in voluntary liquidation. He was aged 65 at dismissal with 3 years' service and a weekly wage of £588.33. The respondent did not attend or defend the claims.

Decision

The tribunal awarded the claimant statutory redundancy pay of £1,764.99. However, his claims for unlawful deduction of wages, holiday pay, and notice pay were dismissed as they were presented outside the statutory time limits and the claimant failed to show it was not reasonably practicable to present them in time.

Practical note

Even where a claimant succeeds on one claim against an insolvent employer, time limit compliance remains critical for other monetary claims, and unrepresented claimants must demonstrate reasonable impracticability to excuse late presentation.

Award breakdown

Redundancy pay£1,765

Award equivalent: 3.0 weeks' gross pay

Legal authorities cited

Statutes

ERA 1996 s.23Working Time Regulations reg.30Extension of Jurisdiction Order 1994

Case details

Case number
2502416/2023
Decision date
6 February 2024
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Employment details

Salary band
£30,000–£40,000
Service
3 years

Claimant representation

Represented
No