Mr Jason Shemwell and others v RSL Distribution Limited and 2 others — 2023

This was a preliminary hearing before Employment Judge Navdip Wilson sitting alone at Nottingham on 25 October 2022, dealing with a multiple claim brought by Mr Shemwell and five other claimants against RSL Distribution Limited, Adaptable Logistics and Stoneport Group Limited. The respondents had failed to present a valid response in time and did not attend; the Tribunal determined the matter under the Rules of Procedure. Claims against Adaptable Logistics were stayed under a separate Order as that respondent is in administration.

The Tribunal found that the claimants' ACAS Early Conciliation notifications in respect of notice pay, holiday pay and arrears of pay against RSL Distribution Limited and Stoneport Group Limited were made outside the limitation period, and those claims were dismissed as out of time. Mr Shemwell withdrew his unfair dismissal and redundancy pay claims, and Mr Kemp withdrew his holiday pay and notice pay claims; those claims were dismissed upon withdrawal.

On redundancy pay, the Tribunal found that Mr Bough, Mr Egginton, Mr Filbee and Mr Kemp had been dismissed by reason of redundancy and were each entitled to redundancy payments from RSL Distribution Ltd and/or Stoneport Group Limited of £1,632, £13,056, £4,080 and £7,344 respectively. Mr Greenhough did not attend and the Tribunal was unable to determine his claim; it will write to him separately. Future hearings were cancelled.