Case 1400518/2020 · Employment Tribunal
John Sartain v Fiesta Flowers and Gifts Limited — 2020
- Case reference
- 1400518/2020
- Decision date
- 15 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mr. M.
- Venue
- Bristol
Parties
2 namedClaimant
John Sartain
Respondent
Key findings
Tribunal's reasoningJohn Sartain presented his claim on 23 January 2020 after his employment with Fiesta Flowers and Gifts Limited ended on 31 May 2019. The hearing was a preliminary hearing about time limits. Mr Sartain appeared in person; the Respondent did not attend. He gave evidence that he had worked for the company for about 15 years, was 49 when dismissed, and earned £1,500 gross per month or £346.15 per week. He said that after the company became insolvent he and his business partner applied to the Secretary of State for payments from the National Insurance Fund for redundancy payment, statutory notice pay and accrued but untaken holiday pay, and that his partner had already received payment while he had not received a decision.
The tribunal held, under s.164 ERA 1996, that it was just and equitable to extend time for the redundancy payment claim. It accepted that there was a redundancy situation and that the delay in presenting the claim was due to the Secretary of State not advancing the claimant's application. On that basis the tribunal calculated the redundancy payment due at £6,403.85 and awarded that sum.
For the notice pay and holiday pay claims, the tribunal held that the limitation period had not yet begun to run because, under s.188(2) ERA 1996, time does not start until the Secretary of State has communicated its decision to the claimant, and that had not happened. Those claims were therefore not dismissed as out of time at this stage, but no final merits decision was made on them. The tribunal directed Mr Sartain to provide further insolvency and application details so that the claim could be served on the Secretary of State.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Tribunal extended time for presentation under s.164 ERA 1996 and calculated the redundancy payment at £6,403.85. | Upheld | — | £6,404 |
| Breach of contract | Claim for notice pay was not finally determined on the merits; tribunal held the limitation period had not yet started because the Secretary of State had not communicated its decision on the claimant's application. | Other | — | — |
| Holiday pay | Claim for accrued but untaken holiday pay was not finally determined on the merits; tribunal held the limitation period had not yet started because the Secretary of State had not communicated its decision on the claimant's application. | Other | — | — |
Remedy
Monetary award- Total award
- £6,404
- across all upheld claims
Legal tests applied
2 references- s.164 ERA 1996
- s.188(2) ERA 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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