Mrs Susan Willox v Merlin Mortgages — 2023

Mrs Susan Willox worked for Merlin Mortgages from 12 March 2007 until 31 May 2023, when the business ceased trading. The tribunal found that she was dismissed by reason of redundancy and that, at termination, she had received no notice, no pay in lieu of notice, no redundancy payment, and no payment for untaken holiday.

The redundancy claim succeeded under sections 135 and 139 of the Employment Rights Act 1996 because the respondent ceased trading and the termination therefore fell within the statutory definition of redundancy. Applying section 162, the tribunal calculated the statutory redundancy payment by reference to 24 weeks' pay at £208.40 per week. The formal judgment awards £5,001.60, although one sentence in the reasons states £5,001.16.

The holiday pay and notice pay claims were not determined on the merits because they were presented after the primary limitation period expired on 30 August 2023. The claimant had sought advice from Citizens Advice in early July 2023 and knew there were time limits, but did not start ACAS Early Conciliation until 1 September 2023 and lodged the ET1 on 26 September 2023. Because Early Conciliation began after expiry of the primary time limit, the tribunal held that the stop-the-clock provisions did not assist.

Applying the 'reasonably practicable' test under section 23 of the Employment Rights Act 1996 and the authorities cited, the tribunal found that it had been reasonably practicable for the holiday pay and notice pay claims to be lodged in time. It therefore refused to exercise its discretion to hear those claims out of time and dismissed both of them.