In person For the First v Respondent — 2021

The tribunal held that the claimant’s claims for redundancy payment and holiday pay were out of time and that it therefore had no jurisdiction. It recorded that no grounds had been advanced to extend time on just and equitable principles.

In relation to redundancy payment, the tribunal found that the claimant was made redundant on 31 October 2020 and had filed his Employment Tribunal claim on 13 October 2021. The employer later entered creditors’ voluntary liquidation on 13 January 2022. The Secretary of State received a claim for payment under ss.166 and 167 ERA 1996 on 8 February 2022 and rejected it on 9 February 2022.

The tribunal concluded that the claimant had taken none of the steps required by s.164 ERA 1996 within the relevant time limit, so he had no right to a redundancy payment from the employer and the tribunal had no jurisdiction to make an award against the Secretary of State. The claimant’s only explanation for late filing was that he had left matters to his wife to deal with, which the tribunal did not treat as sufficient to justify an extension of time. The claim for a redundancy payment was therefore dismissed.