Case 2601323/2023 · Employment Tribunal
Ms S Smith v AS & S Limited (in Creditors Voluntary Liquidation) and 1 other — 2024
- Case reference
- 2601323/2023
- Decision date
- 15 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brewer Representation
- Venue
- Midlands East Tribunal via Cloud Video Platform
Parties
3 namedClaimant
Ms S Smith
Key findings
Tribunal's reasoningThe Tribunal first considered limitation for the breach of contract and unauthorised deductions from wages claims. It found that the claimant contacted ACAS after the primary time limit had expired, that it had been reasonably practicable for her to contact ACAS in time, and that the Tribunal therefore had no jurisdiction to hear those claims.
The Tribunal then considered whether the claimant was an employee for the purposes of statutory redundancy pay. It found that the payslips were better understood as showing payment for being a director rather than payment for work as an employee, that there was no evidence of sufficient control over the claimant, and that she participated in key business decisions as a director. The statutory redundancy payment claim therefore failed.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The judgment states that the breach of contract claim, identified in the reasons as unpaid notice pay, was submitted out of time and that the Tribunal did not have jurisdiction to hear it. | Dismissed | — | — |
| Unlawful deduction from wages | The judgment states that the unauthorised deductions from wages claim, identified in the reasons as unpaid wages, was submitted out of time and that the Tribunal did not have jurisdiction to hear it. | Dismissed | — | — |
| Holiday pay | The reasons list unpaid holiday pay among the claims for final hearing. The judgment dismissed the unauthorised deductions from wages claim as out of time, and later found the claimant was not in receipt of holiday pay. The truncated source text does not show a separate operative holiday pay paragraph. | Dismissed | — | — |
| Redundancy | The judgment states that the statutory redundancy payment claim failed because the claimant was not an employee of the first respondent. | Dismissed | — | — |
Legal tests applied
12 references- article 7 of the Employment Tribunals Extension of Jurisdiction Order 1994
- section 23 Employment Rights Act 1996
- s.230(1) ERA
- s.230(2) ERA
- multiple test
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Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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