Redundancy payments awarded after employer fails to respond to tribunal claim
Four former employees of RSL Distribution Limited have been awarded redundancy payments totalling over £26,000 after the company failed to defend the claim. Other claims were dismissed as out of time.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #multiple-claimants
- #out-of-time
- #default-judgment
- #administration
Key facts
- The claimants were made redundant on 29 or 31 October 2021.
- The respondents failed to present a valid response or attend the hearing.
- ACAS notifications were made outside the limitation period for claims against RSL Distribution Ltd and Stoneport Group Ltd.
- Adaptable Logistics is in administration.
- Mr Shemwell withdrew his claims for redundancy pay and unfair dismissal.
- Mr Bough, Mr Egginton, Mr Filbee, and Mr Kemp were awarded redundancy payments.
Timeline
-
Redundancy of most claimants
Mr Bough, Mr Egginton, Mr Filbee, Mr Kemp, and Mr Greenhough were made redundant.
-
Redundancy of Mr Shemwell
Mr Shemwell was made redundant.
-
ACAS notification for Adaptable Logistics
Mr Shemwell contacted ACAS regarding Adaptable Logistics.
-
ACAS notifications for RSL and Stoneport
Mr Shemwell contacted ACAS regarding RSL Distribution Ltd and Stoneport Group Ltd.
-
Claim issued
The claim was issued in the Midlands East Tribunals.
-
Hearing
The hearing took place at Nottingham Employment Tribunal.
-
Judgment date
Employment Judge Wilson issued the judgment.
The legal issue
The tribunal had to decide whether the claimants' claims for redundancy pay, notice pay, holiday pay and arrears of pay were within the statutory time limit, and whether the respondents were liable for redundancy payments where they had not defended the claim.
The outcome
The tribunal awarded redundancy payments to four former employees of RSL Distribution Limited and/or Stoneport Group Limited. The respondents failed to file a response or attend the hearing, so the tribunal proceeded by default.
However, the claims for notice pay, holiday pay and arrears of pay were dismissed as out of time because the ACAS early conciliation notifications were made after the three-month limitation period had expired.
Compensation awarded:
- Stuart Bough: £1,632 redundancy payment
- Karl Egginton: £13,056 redundancy payment
- Terry Filbee: £4,080 redundancy payment
- Steve Kemp: £7,344 redundancy payment
Total: £26,112
Lessons & takeaways
- If you are making a claim to an employment tribunal, you must contact ACAS for early conciliation within three months of the date of dismissal – missing this deadline can mean your claim is dismissed.
- When an employer fails to respond to a tribunal claim, the tribunal can still make a judgment and award compensation based on the evidence provided by the claimant.
- Multiple claimants can bring a single claim if they were all made redundant at the same time, but each claimant's individual time limits still apply.
- If a company goes into administration, claims against it may be dealt with separately and recovery may be limited.
When employers don't show up
This case shows what can happen when an employer fails to engage with the tribunal process. RSL Distribution Limited and Stoneport Group Limited did not file a response and did not attend the hearing. As a result, the tribunal was able to proceed by default and make awards based on the claimants' evidence.
Four former employees who were made redundant in October 2021 were each awarded a statutory redundancy payment. The amounts ranged from £1,632 to £13,056, reflecting differences in age, length of service and pay.
The time limit trap
However, the case is also a cautionary tale about time limits. The claimants also sought notice pay, holiday pay and arrears of pay, but those claims were dismissed because the ACAS early conciliation notifications were made outside the three-month limitation period. For claims against RSL and Stoneport, the ACAS contact was on 19 February 2022 – more than three months after the redundancies on 29 and 31 October 2021.
This meant that even though the employer did not defend the claim, the tribunal had no choice but to strike out those parts of the claim as out of time.
What this means for similar claims
For anyone considering a tribunal claim after redundancy, the key lesson is to act quickly. The three-month clock starts running from the date of dismissal, and contacting ACAS is the first step. Even a delay of a few days can be fatal.
On the positive side, the case confirms that where an employer refuses to participate, the tribunal can still make awards – provided the claims are properly brought within time.
Similar cases
221 workers win maximum protective award after redundancy without any consultation
A tribunal has awarded 221 former employees of SP Group Ltd a protective award of 90 days' pay after the company made them redundant without any collective consultation when it went into administration.
90-day protective award for employees after company failed to consult on redundancies
An employment tribunal has awarded 90 days' pay to former employees of Richmann Walsh Engineering Limited after the company entered administration without carrying out collective redundancy consultation.
Four former employees win unpaid wages and constructive dismissal claims against engineering firm
TAL Precision Engineering Ltd failed to pay wages for three months, leading to successful claims for unpaid wages, redundancy pay, and constructive unfair dismissal. The tribunal also applied a 25% ACAS uplift for failing to follow statutory procedures.
Nurse's constructive dismissal claim struck out after NHS restructure
A former Grade 7 nurse failed to prove constructive unfair dismissal after his role was removed in a restructure. The tribunal struck out his claim and refused to add a disability discrimination claim.