Mrs L Cameron v Caremore Aberdeen Ltd — 2019

Mrs L Cameron worked for Caremore Aberdeen Ltd from 1 September 2015 as a van driver delivering frozen foods. After the business changed hands to Kevin Fennell in or about October 2017, she was told on 22 October 2018 not to work the following day, and on 23 October 2018 she was told that the company had closed and that her employment was terminated with immediate effect. She was paid for the hours worked up to 22 October 2018, but not for notice, redundancy, or accrued holiday.

The tribunal accepted the claimant's evidence and earnings figures. It found that her average gross earnings were £15,468.50 per annum, her net earnings were £1,200 per month, and that as at termination she was entitled to three weeks' notice, 22.8 days' untaken annual leave for 2018, and a redundancy payment based on three full years' service while over the age of 41. It awarded £830.76 for notice pay, £1,262.76 for accrued but untaken holiday pay, and £1,338.62 as a redundancy payment.

On limitation, the tribunal held that the redundancy claim was in time because the relevant date was 23 October 2018 and the ET1 was lodged on 12 March 2019, within the six-month period. The notice-pay and holiday-pay claims were prima facie out of time, but the tribunal applied the not reasonably practicable test under section 23(4) of the Employment Rights Act 1996 and the equivalent notice-pay and Regulation 30 Working Time Regulations 1998 provisions. It accepted that the claimant had no prior tribunal experience, no realistic access to advice, and had been reassured by Mr Fennell that matters would be sorted out, and held that she acted promptly once ACAS explained the position in early March 2019.