Case 2408524/2020 · Employment Tribunal
Mr C Braid v Arnold Sanderson Limited (in creditors’ voluntary liquidation) and 1 other — 2021
- Case reference
- 2408524/2020
- Decision date
- 9 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne Representatives
- Venue
- Liverpool
Parties
3 namedClaimant
Mr C Braid
Key findings
Tribunal's reasoningAt the preliminary hearing on 1 December 2021 in Liverpool, Employment Judge Horne held that the effective date of termination was no earlier than 23 March 2020. Applying s.207B(3) ERA 1996, the tribunal excluded the period from 22 April 2020 to 19 May 2020 when calculating the limitation periods under ss.23 and 111 ERA 1996, and it held that this applied even though the ACAS notification on 21 April 2020 named Arnold Sanderson Limited rather than Abbey Logistics Group Limited. On that basis, the unfair dismissal, wrongful dismissal and holiday pay complaints against Abbey were presented within the statutory time limit.
The tribunal also held that it had jurisdiction under ss.163 and 164(1)(c) ERA 1996 to consider the reference to determine entitlement to a redundancy payment from Abbey Logistics Group Limited. It did not determine the amount of any redundancy payment, the merits of the unfair dismissal, wrongful dismissal or holiday pay complaints, or the tribunal's jurisdiction over the separate complaint of failure to inform and consult in relation to a relevant transfer.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal held under ss.163 and 164(1)(c) ERA 1996 that it had jurisdiction to consider the reference to determine entitlement to a redundancy payment from Abbey Logistics Group Limited, notwithstanding s.207B. The judgment did not determine the substantive entitlement or any amount. | Other | — | — |
| Unfair dismissal | The tribunal held that this complaint against Abbey Logistics Group Limited was presented within the statutory time limit after applying s.207B(3) ERA 1996. The merits were not determined in this preliminary hearing. | Other | — | — |
| Wrongful dismissal | The tribunal held that the breach of contract / wrongful dismissal complaint against Abbey Logistics Group Limited was presented within the statutory time limit after applying s.207B(3) ERA 1996. The merits were not determined in this preliminary hearing. | Other | — | — |
| Holiday pay | The tribunal held that the unlawful deduction complaint concerning accrued annual leave on termination was presented within the statutory time limit after applying s.207B(3) ERA 1996. The merits were not determined in this preliminary hearing. | Other | — | — |
Legal tests applied
4 references- s.163 ERA 1996
- s.164(1)(c) ERA 1996
- s.207B(3) ERA 1996
- ss.23 and 111 ERA 1996
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
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