Mr D Barnes v S. J. Norman & Sons: 1402734/2021
JUDGMENT
[1]The Claimant’s claims in respect of Unfair Dismissal and Breach of Contract (Notice Pay) were submitted out of time and the Employment Tribunal has no jurisdiction to hear these claims.[2]The Claimant’s claims in respect of Unfair Dismissal and Breach of Contract (Notice Pay) are dismissed.[3]The Claimant’s claim in respect of Redundancy Payment was submitted within time and the Employment Tribunal has jurisdiction to hear this claim.[4]The Claimant’s application for the Respondent’s ET3 and Grounds of Resistance to be struck out is refused. _____________________________ Employment Judge G. King Date: 1 September 2022[1]The Claimant was an employee of the Respondent from 1 June 1996.[2]The Claimant was made redundant by the Respondent with effect from 5 March 2021 and is entitled to receive a redundancy payment of £6016.80 from the Respondent.[3]At the point the proceedings were issued, the Respondent had failed to provide the Claimant with a statement of the main terms and conditions of his employment in breach of section 1 Employment Rights Act 1996. The Claimant is awarded 4 weeks’ pay in accordance with section 38 Employment Act 2002 for the failure to provide him with a statement of his main terms and conditions of employment.[4]The Respondent will now pay the claimant the sum of £802.24 gross for failing to provide the statement of main terms and conditions of employment. Preparation time order[5]The Claimant’s application for a preparation time order for 25 hours of work, of which 7 hours was carried out by the Claimant himself and 18 hours by Mr Thomas on his behalf, is granted at the rate of £42.00 per hour.[6]The Respondent will pay £1050.00 to the claimant for preparation time. Case Number: 1402734/2021 2