Mr L Foster v Riverside Rooms Catering Company Ltd: 3311368/2023
JUDGMENT
[1]The Claimant was dismissed by reason of redundancy and the Respondent is ordered to pay the Claimant £1,200 in respect of a redundancy payment.[2]The Tribunal does not have jurisdiction to determine any other monetary claims as they have been presented outside the statutory time limit.REASONS
[1]The Claim in this matter was presented on 3 October 2023 following a period of ACAS Early Conciliation between 27 and 29 September 2023. The Claimant was employed from 14 October 2019 to 19 May 2023 when he was dismissed by reason of redundancy.[2]The proceedings have been re-served twice on the Respondent, most latterly upon the address of Taylor Aitken Insolvency Practitioners, the name of which was given to the Claimant by the Respondent in the redundancy letter.[3]The Claimant had been ordered by a previous Judge to provide information about his length of service, age and gross weekly pay. He had provided that by way of a Recorded Delivery letter sent on 9 July 2024. At the commencement of this Hearing the Judge did not have that before her. There was an adjournment during which time the Clerk was able to find the correspondence and the Hearing continued.[4]In the break the Judge also commissioned a Company Search on the Respondent which indicated that it remains ‘active’ with a ‘proposal to strike off’. It is not yet therefore in insolvency.[5]It was explained to the Claimant that the only claim in time was that for a redundancy payment. The Claimant explained that he had an issue going back to lockdown with regard to his holiday pay. Firstly, the details of that were not in the Claim Form and it was not therefore before this tribunal, but also any such claim would be well out of time.[6]As the Respondent is not in insolvency it was explained to the Claimant he might have some difficulty in obtaining payment, but should contact the Insolvency Practitioner and also the Insolvency Service that can be found at : www.gov.uk/government/organisations/insolvency/service .[7]As the Employment Tribunal cannot advise, if the Claimant has any other doubts as to his position he should consider contacting a Citizen’s Advice Bureau or Advice Centre.