Damien Lafferty v KPL Contracts Ltd (In Administration)

The respondent was previously ordered to pay remuneration for the protected period to all relevant staff after mass redundancies, which the claimant did not receive. The main issue here was the time limit and since the claim was prima facie not made within the ‘primary time limit’ set out on the legislation the tribunal had to consider whether it was made within a ‘reasonable period’. The tribunal relied heavily on the factors contained in the judgment in Cullinane v Balfour Beatty Engineering Services Ltd [2011] UKEAT 0537/10/0504. 

However, what is most noteworthy here is the tribunal’s recognition that the ‘primary period’ can be as long as 6 months when an award is made prior to any