Mr R G Thompson v Secretary of State for Business, Energy and Industrial Strategy: 1303008/2023
JUDGMENT
Recital UPON the Tribunal noting that the Respondent has indicated in its response, dated 12 April 2023, that it was not going to attend the hearing and deciding to therefore proceed in its absence pursuant to Rule 47 of the Employment Tribunal Rules of Procedure (as amended) 2013. The judgment of the Tribunal is that:[1]The name of the Respondent is substituted from The Insolvency Service to the Secretary of State for Business, Energy, and Industrial Strategy pursuant to Rule 34 of the Employment Tribunal Rules of Procedure (as amended) 2013.[2]The Claimant was an employee of the Swan Hotel (Upton) Limited (hereafter ‘the employer’) at the time of its insolvency within the meaning set out in section 230 (2) of the Employment Rights Act 1996. Case No. 1303008/2023[3]The Claimant’s claim for a redundancy payment pursuant to section 166 (2) (a) of the Employment Rights Act 1996 is well founded.[4]The amount of redundancy payment that the employer would have had to pay is the sum of £8,722.98 (gross) calculated in accordance with section 168 of the Employment Rights Act 1996.[5]The Claimant’s claim for notice pay, pursuant to section 184 (1) (b) of the Employment Rights Act 1996 is well founded. The notice pay that the employer was liable to pay was the sum of £3,073.84 (net).[6]The Respondent shall pay the Claimant the sum of £8,722.98 (gross) pursuant to section 166 (2) (a) and section 170 (1) of the Employment Rights Act 1996.[7]The Respondent shall pay the Claimant the sum of £3,073.84 (net) pursuant to section 184 (1) (b) of the Employment Rights Act 1996.