Claimant v Inside Transformation Limited
Outcome
Individual claims
The tribunal found the claim for statutory redundancy payment was well founded. The respondent did not attend or defend the claim. The claimant had 6 years' continuous employment and was 65 at dismissal with gross weekly pay of £578.
The claim was dismissed on the basis that the tribunal did not have jurisdiction to adjudicate as it was presented outside the relevant statutory time limit, and the claimant did not show it was not reasonably practicable to have presented the claim within the time limit.
The claim was dismissed on the basis that the tribunal did not have jurisdiction to adjudicate as it was presented outside the relevant statutory time limit under regulation 30 of the Working Time Regulations, and the claimant did not show it was not reasonably practicable to have presented the claim in time.
The notice pay claim was dismissed on the basis that the tribunal did not have jurisdiction under the Extension of Jurisdiction Order 1994 as it was presented outside the relevant statutory time limit, and the claimant did not show it was not reasonably practicable to present it in time.
Facts
Mr Shevels brought claims against Inside Transformation Limited (in voluntary liquidation) for statutory redundancy payment, unlawful deduction of wages, holiday pay, and notice pay. He was 65 at dismissal with 6 years' continuous employment and gross weekly pay of £578. The respondent did not attend the hearing. The tribunal heard that the claimant had presented some claims outside the statutory time limits.
Decision
The tribunal found the statutory redundancy payment claim succeeded and ordered payment of £5,202. However, the claims for unlawful deduction of wages, holiday pay, and notice pay were dismissed on jurisdictional grounds as they were presented outside statutory time limits and the claimant failed to show it was not reasonably practicable to present them in time.
Practical note
Even where a redundancy payment claim succeeds, related claims for unpaid wages, holiday pay, and notice pay will be dismissed if presented outside statutory time limits without showing reasonable impracticability, regardless of respondent insolvency.
Award breakdown
Award equivalent: 9.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2502373/2023
- Decision date
- 26 January 2024
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 6 years
Claimant representation
- Represented
- No