Mrs R G Tareen v Secretary of State for Business, Energy and Industrial Strategy: 1302117/2022
JUDGMENT
[1]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment in the sum of £1,262.32. The Respondent has already paid the Claimant £360.68. Therefore, the Respondent shall pay the Claimant the remaining balance of £901.70.REASONS
UPON HEARING Evidence from the Claimant, Mrs Rana Tareen, and the submissions of Mr Findley, counsel for the Claimant AND UPON CONSIDERING All the submissions and correspondence put forward by the Respondent, who declined to attend in person, and all the evidence submitted to the Tribunal by the parties Case number: 1302117/2022[1]The Tribunal made the following findings of fact: a) The Claimant had 7 years’ continuous service at the date of her dismissal having worked in the same stores, with the same management, without a gap in her employment, since May 2013. b) The Respondent has conceded at paragraph 5 of their ET3 that the Claimant was eligible to apply for a redundancy payment from the Respondent under s.166(1)(a), namely because the Claimant had taken all reasonable steps to recover her redundancy payment from her employer, who refused. c) The figure of £180.34 used by the Respondent in its calculation of a week's pay for the purpose of its original calculation of the 2 year’s redundancy pay is accepted. d) The amount the Respondent should have paid the Claimant under Section 168 of the Employment Rights Act 1996 was therefore equivalent to 7 weeks’ pay at a rate of £180.34 per week, totalling £1,262.38. e) The Respondent has already paid the Claimant £360.68. £901.70 therefore remains outstanding.