Miss V Klasson v Secretary of State for Business, Energy and Industrial Strategy: 2401512/2021
JUDGMENT
[1]The claimant’s complaint that the respondent had improperly failed to make a payment under s182 of the Employment Rights Act 1996 was not presented to the tribunal within 3 months beginning with the date on which the respondent informed the claimant of the rejection of her claim[2]It was reasonably practicable for it to have been so presented and accordingly it is dismissed. Employment Judge Reed Date: 30 June 2021[1]The judgment given orally at the hearing on 30 June 2021 and sent to the parties in writing on 1 July 2021 to the effect that the claim was brought out of time is revoked in the interests of justice. The claim was not brought under section 182 of the Employment Rights Act 1996, but under section 170, for which no time limit is prescribed.[2]The claim can therefore proceed and will now be listed for a final hearing. _____________________________ Employment Judge Reed 19/08/2021[1]In accordance with s170 of the Employment Rights Act 1996 (ERA) and in relation to the question of the claimant’s employer’s liability to pay the claimant a statutory redundancy payment, I find that notwithstanding information provided to the respondent by the insolvency practitioner, the claimant was dismissed without being given notice in accordance with s86 of the ERA, by an express letter of dismissal from the insolvency practitioner dated 2 August 2020 but not received by the claimant until some time on or around 27 August 2020.[2]In accordance with the terms of that letter and the statutory presumption in s170(2) of the ERA the reason for her dismissal was redundancy and she was entitled to a statutory redundancy payment which has not been paid.[3]In light of the failure of the insolvency practitioner to give the claimant notice in accordance with S86 of the ERA the relevant date for the purposes of s162 of the ERA was 8 October 2020 meaning the claimant had 7 years complete service and in light of her age and the cap on a week’s wages, in relation to the question of the amount of payment which she is entitled to, the claimant is entitled to a statutory redundancy payment of £4573. Case Number 2401512/2021 2