Mr J Robinson v Shaws Waste Recycling Limited (in compulsory liquidation) and 1 other — 2024

The claimant did not attend the hearing on 9 July 2024, could not be contacted by telephone, and did not respond to an email. The first respondent was in compulsory liquidation, and no consent to continue the proceedings had been sought after the six-month stay issued on 23 February 2024. On that basis, and because the claimant was absent, the tribunal dismissed the claim.

On the redundancy payment issue, the judge recorded that a claimant must first establish dismissal before the redundancy provisions in sections 163(2) or 170(2) of the Employment Rights Act 1996 can apply. The ET1 raised a possible issue whether the claimant had been dismissed or had resigned without notice. The claimant said his termination date was 7 April 2023 and he started a new job on 17 April 2023. The winding-up petition was not presented until 18 May 2023 and the winding up did not commence until 19 July 2023, so the judge noted it was possible that he had resigned in anticipation of losing his job. The claim was presented on 1 December 2023, more than six months after termination, so any redundancy payment claim against the former employer would have required a just and equitable extension under sections 164(2) and (3).

The judge also noted that the claimant had applied to the National Insurance Fund for statutory redundancy payment and notice pay under sections 166 and 182 of the Employment Rights Act 1996. The Second Respondent's response suggested that the decision refusing payments, apart from holiday pay, was notified on or about 30 October 2023, so the notice-pay claim appeared to be in time under section 188(2). Even so, because the claimant did not attend and did not prove the necessary elements of the claim, the tribunal dismissed the proceedings.