Mr L Jones and Others v Plymouth Communities Befriending Consortium Community: 1401513/2023 and Others
JUDGMENT
THE JUDGMENT OF THE TRIBUNAL is that: - Mr L Jones (1401513/2023)[1]The First Claimant (date of birth – 19 February 1969) is entitled to a statutory redundancy payment as he was dismissed by the respondent by reason of redundancy. Accordingly, the First Claimant is awarded, and the respondent is ordered to pay to him, a statutory redundancy payment in the sum of £5,880 (16 years’ of employment x 1.5 x £245 gross weekly pay).[2]The respondent has made an unlawful deduction in respect of the First Claimant’s accrued holiday entitlement of 4 weeks, The First Claimant is accordingly awarded, and the respondent is ordered to pay to the First Claimant, the sum of £1,059 gross in respect of such holiday pay.[3]The respondent failed, in breach of contract, to give the First Claimant due notice / pay in lieu notice. The First Claimant is accordingly awarded, and the respondent is ordered to pay to the First Claimant, the sum of £1,026.19 net in damages in respect his net loss.[4]The total sum awarded to the First Claimant is therefore £5,880 gross +£1,059 gross +£1,026.19 net = £7,965.19. Mr C Manley (1401514/2023)[5]The Second Claimant (date of birth 23 May 1962) is entitled to a statutory redundancy payment as he was dismissed by the respondent by reason of redundancy. Accordingly, the Second Claimant is awarded, and the respondent is ordered to pay to him, a statutory redundancy payment in the sum of £399 ( 7 years’ of employment x1.5 x £38 gross weekly pay).[6]The respondent has made an unlawful deduction in respect of the Second Claimant’s accrued holiday entitlement of 5 weeks. The Second Claimant is accordingly awarded, and the respondent is ordered to pay to the Second Claimant, the sum of £190 gross (5x £38) in respect of such holiday pay.[7]The respondent failed, in breach of contract, to give the Second Claimant due notice/ pay in lieu of notice. The Second Claimant is accordingly awarded, and the respondent is ordered to pay to the Second Claimant, the sum of £164.64 net in damages in respect of his net loss.[8]The total sum awarded to the Second Claimant is therefore = £399 gross+£190 gross +£164.64 net = £753.64. Ms J Palmer (1401515/2023)[9]The Third Claimant (date of birth 23 January 1960) is entitled to a statutory redundancy payment as she was dismissed by the respondent by reason of redundancy. Accordingly, the Third Claimant is awarded, and the respondent is ordered to pay to her, a statutory redundancy payment in the sum of £4,425 (10 years’ of employment at the relevant date x 1.5 x £295 gross weekly pay).[10]The respondent has made an unlawful deduction in respect of the Third Claimant’s accrued holiday pay entitlement of 5 weeks. The Third Claimant is accordingly awarded, and the respondent is ordered to pay to her, the sum of £1,475 gross (5 x £295) in respect of such holiday pay.[11]The respondent failed, in breach of contract, to give the Third Claimant due notice/ pay in lieu of notice. The Third Claimant is accordingly awarded, and the respondent is ordered to pay to the Third Claimant, the sum of £1,135 net in damages in respect of her net loss.[12]The total sum awarded to the Third Claimant is therefore - £4,425 gross+£1,475 gross+£1,135 net = £7,035.[13]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply in this case.