Mrs L Muir v Not present or represented Nicola Thomson — 2019

Mrs L Muir brought a claim for a redundancy payment following the termination of her employment with Nicola Thomson. The tribunal recorded that the claimant said her employment started on 26 March 2015 and ended on 27 April 2019. No ET3 response was lodged, and neither party appeared at the preliminary hearing on 6 December 2019.

The tribunal proceeded in the parties' absence under Rule 47 after the clerk telephoned the claimant and the call went to voicemail. On limitation, the judge noted that although the ET1 had been submitted outwith the three-month period that applies to claims such as wages and unfair dismissal, the statutory time limit for a redundancy payment is six months from the relevant date. The relevant date was 27 April 2019, and the claim was within six months in any event, with the early conciliation period extending time by 16 days.

The tribunal held that it had jurisdiction under sections 163 and 164 of the Employment Rights Act 1996 and that the claimant was entitled to a redundancy payment. It calculated the award as six weeks' pay at £261 per week, producing a total of £1,566.