Mr Tanveer Alam v Tanber Solutions Ltd — 2021

The tribunal treated the preliminary hearing as a final hearing under Rule 48, being satisfied that neither party would be materially prejudiced. The respondent had not filed an ET3 within the required time, and the tribunal considered it appropriate to enter judgment under Rule 21 on the basis of the claimant's ET1 and his oral evidence.

The tribunal accepted that the redundancy payment claim had been presented outside the six-month period in section 164(1) of the Employment Rights Act 1996, but held that it was just and equitable to accept it under section 164(2). It also extended time for the breach of contract, unlawful deduction from wages and holiday pay claims, finding that it had not been reasonably practicable for those complaints to have been presented in time.

On the merits, the tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment. It also found that the respondent dismissed him in breach of contract by failing to provide the statutory minimum notice, made an unauthorised deduction of two weeks' wages, and failed to pay his holiday entitlement.