Redundancy pay claim succeeds after business closure, but other claims out of time
A restaurant employee with 14 years' service was awarded £6,728 in statutory redundancy pay after her employer closed the business, but her claims for unfair dismissal, notice pay and holiday pay were dismissed as too late.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #business-closure
- #time-limits
- #non-attendance
- #reconsideration
Key facts
- Claimant employed from 7 April 2008 to 7 July 2022.
- Respondent closed the business, resulting in dismissal by reason of redundancy.
- Claimant's gross weekly pay was £464.
- Claimant was 42 at termination with 14 years' continuous employment.
- Unfair dismissal, notice pay, and holiday pay claims were out of time.
- Redundancy pay claim was within the six-month time limit.
Timeline
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Employment started
Claimant began working for the respondent.
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Employment ended
Claimant's employment terminated due to business closure.
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ACAS early conciliation started
Day A for time limit calculation.
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ACAS early conciliation ended
Day B for time limit calculation.
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Claim form presented
Claimant's claim was received by the tribunal.
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Initial hearing
Claimant did not attend; claim dismissed under Rule 47.
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Reconsideration judgment
Original judgment revoked; redundancy pay awarded.
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Second reconsideration refused
Respondent's application for reconsideration refused.
The legal issue
Whether the employee's claims for unfair dismissal, notice pay and holiday pay were presented within the three-month time limit (extended by ACAS early conciliation), and whether she was entitled to a statutory redundancy payment following the closure of the business.
The outcome
The tribunal initially dismissed all claims when the claimant failed to re-join a video hearing, but later reconsidered and awarded redundancy pay.
- The tribunal revoked the earlier dismissal and decided the case on the papers.
- The redundancy pay claim was within the six-month time limit and succeeded.
- The unfair dismissal, notice pay and holiday pay claims were out of time and dismissed.
- The respondent had confirmed the employment dates and earnings, and that the business closed without notice.
- Compensation: £6,728 statutory redundancy payment.
Lessons & takeaways
- File your redundancy pay claim within six months of dismissal – it has a longer time limit than other claims.
- Unfair dismissal, notice pay and holiday pay claims must usually be brought within three months (less a day) from termination, including ACAS early conciliation time.
- If you miss a tribunal hearing, contact the tribunal immediately – failing to re-join can lead to your claim being dismissed.
- Even if you miss the deadline for some claims, you may still succeed on others if they have different time limits.
A missed hearing, but a second chance
This case shows how time limits can make or break an employment claim. The claimant, a restaurant employee of 14 years, was dismissed when her employer closed the business. She brought claims for unfair dismissal, notice pay, holiday pay and a redundancy payment. But at the first hearing, she failed to re-join the video call after a short break, and the tribunal dismissed all her claims for non-attendance.
Fortunately, the judge reconsidered. On reviewing the papers, it was clear that the redundancy pay claim had been filed within the six-month time limit that applies to statutory redundancy payments. The employer had confirmed the dates and earnings, and that the business closed without notice. So the redundancy claim succeeded.
The other claims were too late
However, the claims for unfair dismissal, notice pay and holiday pay were out of time. The three-month limit (extended by ACAS early conciliation) had passed. The tribunal had no power to extend that limit unless it was not reasonably practicable to claim in time – and the claimant did not argue that. Those claims were dismissed.
What this means for similar cases
If you are made redundant, act quickly. Redundancy pay has a six-month deadline, but other claims like unfair dismissal have only three months. If you miss the hearing, contact the tribunal straight away – but it is better to attend and be prepared. Even if you lose some claims, you may still win others if the facts are clear.
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