Mr A Barrett v Mainbridge Limited — 2024

The claimant had three complete years' service, was 57 years old at termination, and was paid GBP 2,020 a month (GBP 466.15 a week) gross. He received no notice, no pay in lieu of notice, no redundancy payment and no payment for untaken holiday. The tribunal found that his employment ended because the respondent ceased trading, which fell within the statutory definition of redundancy in sections 135 and 139 of the Employment Rights Act 1996, and it awarded him a statutory redundancy payment of GBP 2,097.68 based on 4.5 weeks' pay.

The holiday pay and notice pay claims were dismissed as out of time. The primary limitation period expired on 30 August 2023 and was extended by 20 days for ACAS Early Conciliation, so the deadline was 19 September 2023. The claimant knew that tribunal time limits applied, engaged ACAS Early Conciliation on 11 July 2023, and initially lodged an ET1 in early August 2023, but it was rejected on 3 August 2023 because the respondent's name differed from that on the ACAS certificate. He did not immediately re-lodge the claim and instead waited to see whether insolvency would be announced, although he accepted he could have protected his position by submitting the form in time.

Applying the statutory time-limit provisions and the authorities it cited, including Porter v Bandridge Ltd, London International College v Sen, Palmer and Saunders v Southend-on-Sea Borough Council, Westward Circuits Ltd v Read and Northumberland County Council v Thompson, the tribunal found that it had been reasonably practicable for the holiday pay and notice pay claims to be presented in time. It therefore declined to extend time under section 23(4) of the Employment Rights Act 1996 and dismissed both claims.