Mr Gaber Raja v Tanber Solutions Ltd — 2021

The tribunal first determined 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 accepted it under section 164(2). It also found that the breach of contract, unlawful deduction from wages and holiday pay claims were out of time, but extended time because it was not reasonably practicable for those complaints to have been presented in time.

The preliminary hearing was treated as a final hearing under Rule 48 because the tribunal was satisfied that neither party would be materially prejudiced. The respondent had not filed an ET3 within the required time, and the tribunal therefore entered judgment under Rule 21 on the basis of the claimant's ET1 and oral evidence.

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