Mr D Hay v RABC Spirit Trading Limited — 2018

The claimant had been employed for about 10 years at the respondent's Glasgow pub and was paid £10 per hour. The tribunal found, using the P60 figures, that his average weekly pay was £250. It accepted that he was told on 19 April 2018 that the establishment would close on 22 April 2018, that 22 April 2018 was his last day of employment, and that the business ceased trading on that date. It also found that he had no written particulars or payslips, that he had taken 1 week of holiday in the 2017/2018 leave year, and that he had received only 3 days' notice.

The tribunal first considered the timing of the notice pay and holiday pay claims. It found that it was not reasonably practicable for the claimant to present those claims within the ordinary tribunal time limit because he did not know there was a shorter limit for those claims, was pursuing payment from the director, ACAS and the Insolvency Service, and acted promptly once the Secretary of State refused the claim. The tribunal referred to the reasonably practicable test and to Porter v Bandridge and Palmer v Southend. It then noted that, under section 188 of the Insolvency Act 1986, the claims were in time in any event because the Secretary of State's decision was communicated on 30 July 2018 and the tribunal claim was lodged on 31 July 2018.

On redundancy, the tribunal held that a redundancy situation existed because the respondent had ceased trading and there was no further work after 22 April 2018. It found that the claimant was dismissed by reason of redundancy and was therefore entitled to a redundancy payment. Applying a weekly rate of £250, 9 complete years of service and the statutory multiplier for his age, it awarded £3,375. It also awarded £2,143.15 for notice pay, calculated as 9 weeks' notice less 3 days already received, and £1,150 for accrued holiday pay, based on 4.6 weeks outstanding. The judgment's formal disposal records those three sums as due to the claimant.