Mr H Macedo v Smart Separations Ltd (in voluntary liquidation) and Secretary of State for Business and Trade (England and Wales : Redundancy) [2024] UKET 2214174/2023 (9 October 2024)

Mr H Macedo v Smart Separations Ltd (in voluntary liquidation) and Secretary of State for Business and Trade (England and Wales : Redundancy) [2024] UKET 2214174/2023 (9 October 2024)

The claimant was dismissed by reason of redundancy and met the statutory requirements for a redundancy payment; as the employer is insolvent, the Secretary of State is liable for the payment.

Citation
[2024] UKET 2214174/2023
Parties
Claimant: Mr H Macedo; Respondent: Smart Separations Ltd (in voluntary liquidation); Respondent: Secretary of State for Business and Trade
Jurisdiction
United Kingdom
Judgment Date
09 October 2024
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Redundancy, Insolvency, Statutory Redundancy Payment
Employment Law Redundancy Insolvency Statutory Redundancy Payment

Case Brief

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Parties

Mr H Macedo

Claimant

Smart Separations Ltd (in voluntary liquidation)

Respondent

Secretary of State for Business and Trade

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to a redundancy payment following the respondent's insolvency

Ratio Decidendi

The claimant was dismissed by reason of redundancy and met the statutory requirements for a redundancy payment; as the employer is insolvent, the Secretary of State is liable for the payment.

Court Disposition

Claim upheld

Orders

  • The Secretary of State for Business and Trade shall pay the claimant a statutory redundancy payment, subject to statutory limits.