F Hart and J Hart v Hart Bathrooms and Kitchens (Thorn) Ltd and Secretary of State for Business and Trade, Formerly Secretary for Business, Energy and Industrial Strategy: 1805725/2023 and others
JUDGMENT
[1]The claimants were not employees of the first respondent within the meaning of section 230 of the Employment Rights Act 1996 and therefore had no entitlement to a redundancy payment.[2]Even had the claimants been employees of the first respondent they would not have been entitled to a redundancy payment because they had not complied with the provisions of section 163(1) of the ERA within 6 months and, although they had presented a complaint to the Tribunal within 6 months thereafter, it was not just and equitable to receive them having regard to the provisions of section 163(3).