Case 2402817/2023 · Employment Tribunal
Mr L. T. Rushton v Rose County Fencing Limited (in Voluntarily Creditors Liquidation) and 1 other — 2023
- Case reference
- 2402817/2023
- Decision date
- 30 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Greer REPRESENTATION
Parties
3 namedClaimant
Mr L. T. Rushton
Key findings
Tribunal's reasoningOn 24 October 2023, Employment Judge Greer sitting in Manchester by CVP struck out all of the claimant's complaints in case 2402817/2023. The complaint against the Secretary of State's decision was treated as a claim about the claimant's right to a redundancy payment. The tribunal found that this complaint was brought out of time, that it was reasonably practicable for it to have been brought in time, and that it therefore lacked jurisdiction to hear it.
The tribunal also struck out the claim for unlawful deduction from wages and unpaid holiday pay. It found that this claim was brought out of time and that it was reasonably practicable for it to have been brought in time, so the tribunal again concluded that it had no jurisdiction.
In relation to the redundancy payment referral itself, the tribunal recorded that the referral was made after the first six-month period and during the following six-month period, and that it did not appear just and equitable for the claimant to receive a redundancy payment. No monetary award was made.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The claim concerned the claimant's right to a redundancy payment. The tribunal recorded that the referral was made after the end of the first six-month period and that it did not appear just and equitable for the claimant to receive a redundancy payment; it therefore held it had no jurisdiction and struck out the claim. | Struck out | — | — |
| Unlawful deduction from wages | The claim was brought out of time and the tribunal found it was reasonably practicable for it to have been brought in time. It therefore held it had no jurisdiction and struck it out. | Struck out | — | — |
| Holiday pay | The unpaid holiday pay complaint was brought out of time and the tribunal found it was reasonably practicable for it to have been brought in time. It therefore held it had no jurisdiction and struck it out. | Struck out | — | — |
Legal tests applied
2 references- reasonably practicable
- just and equitable
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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