Mr Shahid Nawaz v Tanber Solutions Ltd — 2021

The tribunal first decided that the redundancy payment claim had been presented outside the six-month time limit in section 164(1) of the Employment Rights Act 1996, but that it was just and equitable to accept it under section 164(2). It also held that the breach of contract, unlawful deduction from wages and holiday pay complaints were out of time, but that it had not been reasonably practicable to present them in time, so time was extended.

The preliminary hearing was treated as a final hearing under Rule 48. 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 oral evidence.

On the merits, the tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment of £1,392. It also found that he was dismissed in breach of contract because he was not given the minimum notice required by section 86 of the Employment Rights Act 1996, and that the respondent had made an unauthorised deduction of two weeks' wages and had failed to pay the claimant's holiday entitlement.