Redundancy claim against Secretary of State dismissed as out of time
A former employee who waited over a year to claim a redundancy payment lost his case because he missed the strict six-month time limit. The tribunal refused to extend time.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #out-of-time
- #insolvent-employer
- #secretary-of-state
Key facts
- The claimant was made redundant on 31 October 2020.
- The employer entered creditors' voluntary liquidation on 13 January 2022.
- The claimant did not make a claim for redundancy payment within six months of the relevant date.
- The claimant's claim to the Secretary of State was received on 8 February 2022.
- The claimant gave no reasons for the delay other than leaving matters to his wife.
Timeline
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Redundancy date
The claimant was made redundant.
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ET claim filed
The claimant filed a claim at the Employment Tribunal.
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Employer insolvent
Alma Ironcraft Limited entered creditors' voluntary liquidation.
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Claim to Secretary of State
The claimant's claim for payment under s.166 and 167 ERA was received.
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Claim rejected
The Secretary of State rejected the claim.
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Hearing
Employment Tribunal hearing at Norwich.
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Judgment
The claim was dismissed as out of time.
The legal issue
Whether the employee's claim for a redundancy payment from the Secretary of State was made within the statutory time limit, and if not, whether time should be extended on just and equitable grounds.
The outcome
The tribunal decided that the claim was out of time and refused to extend the deadline.
- The employee was made redundant on 31 October 2020.
- He did not claim a redundancy payment from his employer or refer a question to a tribunal within six months.
- He filed an employment tribunal claim on 13 October 2021, but that was for other matters.
- His claim to the Secretary of State was made on 8 February 2022, over 15 months after redundancy.
- The only reason given for the delay was that he left matters to his wife.
The tribunal found that the statutory conditions were not met and there were no grounds to extend time.
Lessons & takeaways
- If you are made redundant, you must make a written claim for a redundancy payment within six months of the dismissal date.
- If you miss the six-month deadline, you have a second six-month window to claim, but only if a tribunal considers it just and equitable.
- Leaving matters to a family member is not a good reason for delay — the responsibility lies with you.
- Even if your employer becomes insolvent later, the time limit runs from the redundancy date, not the insolvency date.
- Filing an employment tribunal claim for other issues does not count as a redundancy payment claim.
This case shows how strictly the rules on redundancy payment claims are applied. The employee was made redundant in October 2020 but did not make a claim for a redundancy payment until February 2022, when his employer had already gone into liquidation. By then, the statutory time limit had long passed.
The law gives an employee six months from the date of dismissal to either agree a payment with the employer, make a written claim, or refer the matter to a tribunal. If that is missed, there is a second six-month window where a tribunal can still allow a claim if it is just and equitable. Here, the employee did nothing within the first six months and only filed a tribunal claim for other matters within the second period. That claim did not relate to a redundancy payment, so it did not satisfy the rules.
What could have been done differently
The employee could have written to his employer within six months of being made redundant to demand a redundancy payment. Even if the employer was not yet insolvent, that simple step would have preserved his rights. When the employer later became insolvent, he could then have claimed from the Secretary of State. Instead, he waited until after the liquidation and then tried to claim, but the time had run out.
Why this matters
This case is a reminder that time limits in employment law are rigid. The tribunal has no power to waive them unless the employee can show a good reason for the delay. Here, the employee said he left matters to his wife — that was not enough. Anyone facing redundancy should act promptly and, if unsure, seek advice from ACAS or a solicitor before the deadlines pass.
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