In Person For the First v The Cornubia Inn (Hayle) Ltd (now dissolved) and 1 other — 2019

At a preliminary hearing in Bodmin on 26 July 2019, Employment Judge N J Roper considered whether Mr B Richardson's claims had been presented in time. The claimant had worked as a general manager in the pub and leisure industry. His employment transferred to the first respondent under TUPE on 1 December 2015, and he was dismissed by reason of redundancy with immediate effect on 2 July 2018. His gross weekly pay was £346.15, and he had sought notice pay, unpaid statutory sick pay, accrued holiday pay and a statutory redundancy payment.

The tribunal held that the unfair dismissal, unlawful deduction from wages, breach of contract and accrued holiday pay claims were all out of time. It found that the effective date of termination was 2 July 2018, so the three-month limit expired at midnight on 1 October 2018. The claim was issued on 7 April 2019 after ACAS early conciliation, and the claimant did not argue that it had not been reasonably practicable to present the claims within time. Those claims were therefore dismissed on limitation grounds.

The tribunal found that the redundancy payment claim was presented within the six-month time limit in s.164 ERA 1996 because the claimant had made a claim within that period to both his former employer and the Secretary of State. It held that he was entitled to a statutory redundancy payment of £1,384.60, calculated as 4 x 1 x £346.15. The hearing listed for 21 and 22 August 2019 was cancelled.