E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case Number: 4113359/2018 Held in Glasgow on November 2018 Employment Judge: J D Young (Sitting Alone) Mr Stephen Friend v Clydeview Care Home Ltd — 2018

Mr Stephen Friend worked for Clydeview Care Home Ltd from 7 July 2014 until 29 March 2018 as a staff nurse. He said the care home closed because there were no longer any residents, that he was verbally told he would not be needed, and that he did not receive written notice of termination. He also gave evidence that he sought advice from ACAS, the Citizens Advice Bureau and the Insolvency Service about the claims and time limits.

The tribunal held that the notice pay claim was effectively a breach of contract claim and was presented too late. The claimant’s last day of work was 29 March 2018, so the claim should have been presented by 28 June 2018, but it was not lodged until 16 August 2018. Applying the reasonable practicability question, the tribunal found it could not say it was not reasonably practicable to present the claim in time, noting that the claimant had received advice about time limits but had misunderstood the difference between the redundancy and notice pay claims.

The redundancy pay claim was found to be in time because it was brought within 6 months of termination. On the evidence accepted by the tribunal, the claimant was 53 at termination and had 3 complete years of employment. Using his weekly wage of £445.50, the tribunal calculated entitlement to 4.5 weeks' pay and awarded £2,004.75 as redundancy payment. The judgment noted that any payment request to the respondent was unlikely to succeed and that an application to the Insolvency Service under section 167 of the Employment Rights Act 1996 would likely be required.