8002570/2025Dismissed

Secretary of State for Business and Trade

27 March 2026·Employment Tribunal·Scotland·Employment Judge D Hoey

Respondent

Secretary of State for Business and Trade

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Decision date

27 March 2026

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge D Hoey

Case Summary

The claimant, a director and shareholder of an insolvent business, claimed redundancy pay from the Secretary of State for Business and Trade. The claim was lodged on 24 October 2025, outside the three-month time limit. The tribunal found that despite the claimant's mental health difficulties arising from the business collapse, it was reasonably practicable for him to have lodged his claim in time, as he was able to manage other complex matters and had been twice informed of the time limits and process.

Why this outcome?

Out of time

The tribunal found that although the claimant suffered mental health difficulties due to the business collapse, he demonstrated capability to manage complex issues in other areas of his life, was twice informed of the time limits and appeal process, and could have lodged his claim by 7 October 2025 when he contacted ACAS. Therefore, it was reasonably practicable for him to have complied with the statutory time limit.

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Key Issues

  • Time bar - whether it was reasonably practicable for the claimant to lodge his claim within the statutory time limit
  • Employee status - whether the claimant was an employee (not determined as time bar issue disposed of the claim)
  • Impact of claimant's mental health (anxiety and stress from business collapse) on ability to comply with time limits

Original published judgment

The full source document is available from the official publication page.

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