25-year employee wins redundancy payment but loses unfair dismissal claim
A former employee with 25 years' service was awarded over £7,800 in redundancy pay and compensation, but his unfair dismissal and breach of contract claims were dismissed as out of time.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #out-of-time-claims
- #section-1-statement
- #preparation-time-order
Key facts
- The claimant was employed from 1 June 1996 to 5 March 2021.
- The claimant was made redundant on 5 March 2021.
- The unfair dismissal and breach of contract claims were out of time and dismissed.
- The redundancy payment claim was in time and succeeded.
- The respondent failed to provide a written statement of terms, leading to a 4-week pay award.
- The claimant was awarded preparation time of £1050.
Timeline
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Employment started
Claimant began employment with respondent.
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Redundancy effective
Claimant was made redundant.
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Claim presented
Claimant presented claims for unfair dismissal, breach of contract, and redundancy payment.
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First hearing
Employment Judge King dismissed unfair dismissal and breach of contract claims as out of time; redundancy claim allowed to proceed.
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Final hearing
Employment Judge Rayner awarded redundancy payment of £6016.80, £802.24 for failure to provide written terms, and £1050 preparation time.
The legal issue
Whether the employee's claims for unfair dismissal and breach of contract were submitted within the three-month time limit, and whether he was entitled to a statutory redundancy payment and compensation for the employer's failure to provide a written statement of terms.
The outcome
The tribunal decided that the former employee was entitled to a redundancy payment of £6,016.80, plus £802.24 for the employer's failure to provide a written statement of terms, and £1,050 in preparation time. However, his claims for unfair dismissal and breach of contract were dismissed because they were presented after the three-month time limit.
Compensation breakdown:
- Redundancy payment: £6,016.80
- Failure to provide written terms (4 weeks' pay): £802.24
- Preparation time order: £1,050.00
- Total: £7,869.04
Lessons & takeaways
- Act quickly: claims for unfair dismissal must be brought within three months of the dismissal date, or they will be out of time.
- Employers must provide a written statement of terms within two months of employment; failure to do so can result in a penalty of up to 4 weeks' pay.
- Even long-serving employees can lose their right to claim unfair dismissal if they miss the deadline, but redundancy payment claims have a longer time limit.
- Preparation time orders can compensate claimants for time spent preparing their case, even if they are unrepresented.
A mixed outcome for a long-serving employee
This case illustrates how time limits can make or break an employment claim. The former employee, who had worked for S. J. Norman & Sons for 25 years, was made redundant in March 2021. He brought claims for unfair dismissal, breach of contract, and a redundancy payment. However, the unfair dismissal and breach of contract claims were presented after the three-month deadline, and the tribunal had no choice but to dismiss them.
What the employer could have done differently
The employer failed to provide a written statement of terms, which is a basic legal requirement. This cost them an additional £802.24. If they had provided the statement, that award would have been avoided. The employer also contested the redundancy payment, but the tribunal found the employee was entitled to it.
Why this matters for similar claims
This case is a reminder that time limits are strict. Employees who believe they have been unfairly dismissed should act promptly and seek advice, such as from Citizens Advice, as the claimant did here. Even if the main claim fails, other claims like redundancy payment or failure to provide written terms may still succeed. The preparation time order also shows that claimants can recover costs for their own time and that of their representative.
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