Case 3304951/2023 · Employment Tribunal
Mr A Cole v Zest at Lime Square Ltd (in liquidation) — 2024
- Case reference
- 3304951/2023
- Decision date
- 30 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Islam Appearances
Parties
2 namedClaimant
Mr A Cole
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing in public under Rule 56 on whether the claim had been brought in time. The claimant, Mr A Cole, said he was seeking a redundancy payment, notice pay and accrued holiday pay from the Insolvency Service after Zest at Lime Square Ltd entered liquidation. The Insolvency Service rejected his application in a letter dated 2 March 2023, and he presented his ET1 on 1 May 2023.
Employment Judge Islam held that the claim was within time. The judgment states that s.188(2)(a) Employment Rights Act 1996 required the tribunal to consider whether the claim was presented before the end of the three-month period beginning with the date on which the Secretary of State's decision on the application was communicated to the applicant. On that basis, the tribunal determined that the claim was brought in time. The judgment does not determine the merits of the underlying substantive claims or record any monetary award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Preliminary issue only. The tribunal held the claim was presented in time under s.188(2)(a) ERA 1996. The underlying substantive matters referred to in the judgment were redundancy payment, notice pay and accrued holiday pay, but their merits were not determined in this decision. | Upheld | — | — |
Legal tests applied
2 references- Rule 56
- s.188(2)(a) 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
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