Case 3207915/2021 · Employment Tribunal
Ms M Hornett v Norwegian Air Resources UK Ltd (in voluntary liquidation) and 1 other — 2023
- Case reference
- 3207915/2021
- Decision date
- 10 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge C Lewis Representation
- Venue
- East London Hearing Centre
Parties
3 namedClaimant
Ms M Hornett
Key findings
Tribunal's reasoningAt a hearing on 10 February 2023 at the East London Hearing Centre before Employment Judge C Lewis, the Tribunal considered Ms M Hornett's claim against Norwegian Air Resources UK Ltd (in voluntary liquidation) and the Secretary of State for Business, Energy and Industrial Strategy (Redundancy Payments Service). The Tribunal first decided that it had jurisdiction under s.188 of the Employment Rights Act 1996 because, on the facts of this case, it was not reasonably practicable for the Claimant to bring the claim within three months of the Secretary of State's decision being communicated to her, and the claim was then brought within a reasonable period.
The Tribunal also found that the Claimant was owed further payments in respect of holiday pay under s.184(1)(c) of the Employment Rights Act 1996. No monetary amount was determined in this judgment. A final hearing was listed for 17 April 2023 by CVP to determine the sums owed, with case management orders to be set out separately.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The Tribunal held it had jurisdiction under s.188 ERA 1996 because, in the circumstances, it was not reasonably practicable for the Claimant to present the claim within three months after the Secretary of State's decision was communicated, and the claim was brought within a reasonable period thereafter. Liability for further holiday pay under s.184(1)(c) ERA 1996 was found; the amount was left for a final hearing. | Upheld | — | — |
Legal tests applied
3 references- s.188 Employment Rights Act 1996
- not reasonably practicable
- s.184(1)(c) Employment Rights Act 1996
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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