Claimant v Mainbridge Limited

The claimant's employment terminated due to the respondent ceasing to trade with no work provided. This falls squarely within the definition of redundancy under section 139 of the Employment Rights Act 1996. The Tribunal found the claimant was dismissed by reason of redundancy and entitled to statutory redundancy payment based on his age (57), length of service (3 complete years), and weekly pay (£466.15).

The claim was lodged out of time. The primary time limit expired on 30 August 2023, extended to 19 September 2023 after early conciliation. The claim was lodged 10 October 2023. The claimant candidly accepted he knew of time limits and could have lodged in time but waited for insolvency proceedings. The Tribunal found it was reasonably practicable to have lodged in time and declined to exercise discretion to extend time.

The notice pay claim was lodged out of time by the same period as the holiday pay claim. The claimant accepted he could have lodged the claim within the statutory time limit of which he was aware, but chose to wait for confirmation of the respondent's insolvency position. The Tribunal found it was reasonably practicable to have lodged in time and dismissed the claim.