- MS C THOMAS FOR THE v - Mr P Soni (lay Representative) — 2025

The claimant brought claims for a statutory redundancy payment, notice pay, unpaid wages and unpaid holiday pay against the Secretary of State for Business and Trade (R1) and Brewz Bar Ltd in creditors' voluntary liquidation (R2), seeking payment from the National Insurance Fund under s166/182 Employment Rights Act 1996. R2 did not participate. The tribunal first addressed a preliminary time-limit issue and held that the claims for notice pay, unpaid wages and holiday pay were presented approximately two months out of time; the claimant had been professionally represented well within the limitation period, ACAS Early Conciliation began only after the primary period expired, and the tribunal concluded it was reasonably practicable to have presented the claims in time and that they were not presented within a reasonable period thereafter.

On the redundancy claim, the tribunal accepted the claimant's evidence as honest and reliable and found that she was an employee of the original company (Bangerz n Brewz Ltd) and subsequently of Brewz Bar Ltd (R2), and that she remained an employee of R2 up to the point of insolvency within the meaning of s230 ERA 1996. However, the tribunal found there had been no relevant transfer under Regulation 3(1)(a) TUPE between the companies because there was no transfer of an economic entity retaining its identity; the only step taken pursuant to the proposed transfer was the claimant moving to R2, and the businesses continued to trade as before.

Because continuity of employment did not transfer, the claimant's employment with R2 was treated as commencing on or about 1 April 2023, which was insufficient length of service to entitle her to a statutory redundancy payment. It followed that the claim against the Secretary of State under s166/182 ERA 1996 was not well founded and was dismissed.