Mr M Taylor v Active Community Development CIC — 2024

Mr Taylor brought claims for a redundancy payment, unpaid wages and unpaid holiday pay, but this judgment dealt only with the redundancy payment claim; the unpaid wages and holiday pay claims were left to a separate Case Management Order. The respondent did not attend the hearing, having emailed the previous evening to say it could not attend and to ask for a postponement. The Tribunal proceeded in its absence under Rule 47 of the Employment Tribunals Rules of Procedure, noting that the live issue on the redundancy claim was a time-limit question based on undisputed dates.

The Tribunal applied s.164 ERA 1996, s.145(2)(a) ERA 1996 and s.207B ERA 1996. It found that the relevant date was 26 June 2023, Day A was 19 July 2023, and Day B was 2 August 2023. On that basis, the six-month limit was extended so that the deadline expired on 8 January 2024. Because the claim was presented on 1 January 2024, the Tribunal held that it had been brought in time.

The respondent’s response did not dispute the amount claimed for redundancy payment and expressly accepted that the payment was owed. The Tribunal therefore entered judgment for Mr Taylor in the sum of £3,365.25 gross.