Mr J Robinson v Shaws Waste Recycling Ltd (in Compulsory Liquidation) The Secretary of State for Business and Trade: 1808794/2023

EMPLOYMENT TRIBUNALS

Case No 1808794/2023

Between

Mr J RobinsonClaimant

Shaws Waste Recycling Ltd (in Compulsory Liquidation) The Secretary of State for Business and TradeRespondent

Before

Employment Judge Lancaster

Not represented for claimant

Date 9 July 2024

REASONS

[1]The First Respondent (incorrectly sued in the name of Shaws Waste Management Ltd) is in compulsory liquidation and no consent to continue with these proceedings has been sought since the Tribunal issued the 6 month stay on 23rd February 2024.

[2]The Claimant did not attend this listed hearing, notice of which was sent to him on 7th May 2024. He could not be contacted by telephone and did not reply to an email.

[3]Consideration of the available material shows the following:3.1 In order to claim a redundancy payment, either from his former employer or from the Secretary of State, the Claimant would firstly have to establish that he was dismissed.

3.2 Only if he was dismissed does the presumption of redundancy in section 163 (2) or 170 (2) of the Employment Rights Act 1996 apply.

3.3 There is on the face of the ET1 a potential issue as to whether the Claimant was in fact dismissed or resigned without notice.

3.4 The Claimant gives the date of termination as 7th April 2023, and he then started a new job on 17th April 2023. The petition to wind up the First Respondent was not presented until 18th May 2023 and the winding up did not commence until 19th July 2023. It is certainly a possibility therefore that he resigned to take up alternative employment in anticipation of losing his job, but before he was actually on notice of redundancy.

3.5 The claim was presented on 1st December 2023. That is more than 6 months after the date of termination. Any entitlement to a redundancy payment as against the former employer would therefore require the granting of a just and equitable extension under sections 164 (2) and (3) of the Employment Rights Act 1996.

3.6 The Claimant has evidently applied to the National Insurance Fund for a statutory redundancy payment and for notice pay, under sections 166 and 182 respectively of the Employment Rights Act 1996.

3.7 Whilst there is a 3 month time limit in respect such a claim against the Secretary of State for notice pay under section 188 (2) – which may be extended only if it was not reasonably practicable to bring the claim in time – it does appear from the Second Respondent’s Response that the date of notification of the decision to refuse payments (apart from holiday pay) was on or about 30th October 2023, which would mean that this claim is in time.

[4]In the circumstances, given the absence of the Claimant to prove the necessary elements of his claim, it is dismissed. .