E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107319/2018 Held in Glasgow on August 2018 Employment Judge: F J Garvie Mr D Glen v Glencare Slaters Ltd — 2018

Mr Glen worked for Glencare Slaters Ltd from 16 March 1998 until 1 December 2017. The respondent did not enter an appearance at the hearing. The tribunal found that he had been dismissed when the business closed and that he sought a redundancy payment, holiday pay and notice pay.

On the redundancy claim, the tribunal accepted Mr Glen's evidence that Mrs Wendy Orr had sent a written letter to the respondent around 4 December 2017 asking about redundancy and notice payments. That was sufficient to satisfy section 164 Employment Rights Act 1996. The tribunal then calculated the statutory redundancy payment using the GOV.UK calculator, taking account of his age, 18 full years' service and weekly gross pay of £559, and awarded £7,579.50.

The holiday pay and notice pay complaints were outside the three-month period that would ordinarily apply under the Working Time Regulations 1998 and section 86 Employment Rights Act 1996. The tribunal held that it was not reasonably practicable for Mr Glen to present those complaints in time because he was unaware of the time limits, had relied on Mrs Orr to take steps, and did not obtain advice until later. It further held that the later period for presentation was reasonable in the unusual circumstances of the case.

The tribunal therefore allowed both time-barred complaints to proceed and awarded £1,119.30 for outstanding holiday pay and £6,708 for notice pay. For notice, it applied the statutory maximum of 12 weeks because Mr Glen had more than 12 years' continuous employment. The bottom-line awards totalled £15,406.80.