Mr A Ljungberg v NetApp UK Ltd — 2021

The tribunal listed the issues as jurisdictional: who employed the claimant at the effective date of termination, whether any claim was in time, and whether the Employment Rights Act 1996 applied territorially. It recorded that the claimant had started work with the respondent on 4 September 2000, moved to the USA in December 2014, and was issued with a P45 stating termination on 28 February 2015. The tribunal accepted that the P45 was sent to the claimant's correspondence address and held that this was sufficient notice that his employment with the respondent had ended on that date.

On the statutory redundancy pay claim, the tribunal found that the claimant's employment with the respondent had ended in February 2015 and that thereafter he was employed by NetApp Inc in the USA until October 2020. It relied on the immigration and relocation documents, the green card application, the fact that from February 2015 salary was paid by NetApp Inc in the USA, and the US employee benefits he received. Applying the territorial scope authorities, the tribunal concluded that the claimant's employment as a NetApp Inc employee had no sufficiently strong connection with Great Britain to bring the claim within the ERA 1996, so the statutory redundancy pay claim was dismissed.

The tribunal also dismissed the claims for contractual redundancy pay and notice pay. It found that both were presented significantly out of time, whether framed as breach of contract or as unauthorised deductions from wages, and that no application for an extension of time was made. The claimant gave no evidence or submissions showing that it had not been reasonably practicable to present those claims within the primary time limits. All of the claimant's claims were therefore dismissed and no monetary award was made.