Mr C Greenhough v RSL Distribution Limited and 1 other — 2024

Employment Judge N Wilson sat alone at Nottingham by video on 21 June 2024. The respondents did not attend and had not presented a valid response in time, so the tribunal determined the claim in their absence under the Employment Tribunals Rules of Procedure 2013. The claimant, Mr C Greenhough, had been made redundant on 29 October 2021.

The tribunal held that the claimant's holiday pay and arrears of pay claims were out of time. It recorded that the ACAS early conciliation notifications were dated 19 February 2022 for RSL Distribution Limited, 24 January 2022 for Adaptable Consultancy Limited (t/a Adaptable Logistics), and 19 February 2022 for Stoneport Group Limited, and concluded that the notification was outside the limitation period for the holiday pay and arrears of pay claims against RSL Distribution Limited and Stoneport Group Limited. Those claims were dismissed as against those respondents.

The tribunal also noted that Adaptable Consultancy Limited was in administration, so claims against that respondent remained stayed under a separate order. As to the third respondent, the judgment said the correct Companies House name was Stoneport Group Logistics Ltd, which had been dissolved by compulsory strike off, and the tribunal could not substitute another company in its place.

On redundancy, the tribunal found that Mr Greenhough was dismissed by reason of redundancy and was entitled to a redundancy payment of £1,632 from RSL Distribution Ltd and/or Railform Services Limited. No separate award was identified for the dismissed holiday pay or arrears of pay claims.