Ms M Naranjo v The Mind’s Well and 7 others — 2023

Ms M Naranjo presented a claim on 15 January 2023 after her employment had ended on 1 February 2022. At the final hearing on 3 June 2023, she appeared in person and the respondent, The Mind’s Well, did not appear. The tribunal noted that the respondent was in voluntary liquidation and that it had insufficient information to issue a Rule 21 judgment. The claimant said she had applied to the National Insurance Fund for a redundancy payment, but that application had been refused because she was treated as a director rather than an employee or worker.

The tribunal did not determine the substantive status issue. Instead, it held that the redundancy payment claim was out of time under section 164 ERA 1996 because the tribunal claim was lodged almost a year after employment ended and there was no written claim to the employer within six months. Although the claimant said she had requested a redundancy payment and later sent further documentation, the tribunal found that none of it amounted to a written claim under section 164(1)(b) ERA 1996. It also found no basis for extending time on a just and equitable basis.

The claimant also sought holiday pay and unpaid wages. The tribunal held that claims for unpaid wages had to be lodged within three months of the alleged deduction and that there was no evidence making it not reasonably practicable for the claimant to present them in time. It noted that, although the claimant had been unwell for a period, she had also instructed agents to apply to the National Insurance Fund during that period. In the circumstances, the tribunal concluded that it had no jurisdiction to consider the claim.