Case 4121496/2018 · Employment Tribunal
Mr P Krusinski v Budget Flooring Direct Limited — 2019
- Case reference
- 4121496/2018
- Decision date
- 4 January 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Whitcombe
Parties
2 namedClaimant
Mr P Krusinski
Respondent
Key findings
Tribunal's reasoningAt the hearing in Glasgow on 4 January 2019 before Employment Judge M Whitcombe, with the claimant appearing in person and no response submitted by the respondent, the tribunal dismissed the holiday pay, commission and arrears of wages claims. Those claims were presented outside the applicable statutory time limits, and the tribunal found that it had been reasonably practicable to bring them within time.
The tribunal held that the statutory redundancy payment claim was brought within the applicable six month time limit. It converted the preliminary hearing to a final hearing under rule 48 of the ET Rules of Procedure 2013 because neither party would be materially prejudiced and the change would be consistent with the overriding objective.
On the redundancy claim, the tribunal found that the claimant was entitled to a statutory redundancy payment of £1,538.44. The amount was calculated by reference to 4 years' continuous service, all under the age of 41, and a gross weekly wage of £384.61. The respondent was ordered to pay that sum to the claimant.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Dismissed because it was presented outside the applicable statutory time limits, and the tribunal found it was reasonably practicable to bring the claim within those time limits. | Dismissed | — | — |
| Other | The judgment refers to this claim only as 'commission'. It was dismissed because it was presented outside the applicable statutory time limits, and the tribunal found it was reasonably practicable to bring the claim within those time limits. | Dismissed | — | — |
| Unlawful deduction from wages | The judgment refers to this claim only as 'arrears of wages'. It was dismissed because it was presented outside the applicable statutory time limits, and the tribunal found it was reasonably practicable to bring the claim within those time limits. | Dismissed | — | — |
| Redundancy | The claimant was found entitled to a statutory redundancy payment of £1,538.44 based on 4 years' continuous service, all under the age of 41, and a gross weekly wage of £384.61. | Upheld | — | £1,538 |
Remedy
Monetary award- Total award
- £1,538
- across all upheld claims
Legal tests applied
3 references- reasonably practicable
- rule 48 of the ET Rules of Procedure 2013
- overriding objective
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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