Mr Muhammad Yousaf v Tanber Solutions Ltd — 2021

At a hearing on 15 December 2021, treated as a final hearing under Rule 48, the tribunal considered the claimant's ET1 and his oral evidence. The respondent had not filed an ET3 within the required time, and the tribunal entered judgment under Rule 21.

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

On the merits, the tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment of £6,090. It further found that the respondent failed to provide the statutory minimum notice, made an unauthorised deduction of two weeks' wages, and failed to pay the claimant's holiday entitlement. It awarded £3,139.20 for breach of contract, £523.20 for unlawful deduction from wages, and £156.96 for holiday pay.