Miss C Summers v Property Mail (Wales) Ltd: 1600350/2022
JUDGMENT
[1]The Claimant was dismissed by reason of redundancy on 30 November 2021. She is therefore entitled to a statutory redundancy payment, calculated at 14 years x 1 x week’s gross pay of £544 (gross weekly pay of £557.69 capped at £544 by reason of Employment Rights (Increase of Limits) Order 2021) i.e.£7,616.00.[2]The total amount the Respondent must pay to the Claimant is therefore £7,616.00.REASONS
[1]The Claimant was employed by the Respondent when her employment terminated on 30 November 2021 following cessation of trading. She was dismissed by reason of redundancy. Case Number: 1600350 / 2022[2]She was 37 years’ old at date of termination of employment.[3]I was satisfied on balance of probabilities that the Claimant had continuity of employment since 6 January 2007, the Claimant’s employment having transferred to the Respondent at some point in 2014 by reason of the Transfer of Undertakings (Protection of Employment) 2006.[4]She earned a gross weekly salary of £557.69 per week and has not received a redundancy payment following the termination of her employment from the Respondent.[5]Oral judgment was given for a redundancy payment based on that gross weekly salary in the sum of £7,807.66. This failed to take into account the limit on week’s pay at the date of termination of employment on 30 November 2021 was £544 (Employment Rights (Increase of Limits) Order 2021,) not £571 per week, the limit which only applies to dismissals occurring on or after 6 April 2022 (Employment Rights (Increase of Limits) Order 2021).[6]Of my own initiative, I have therefore reconsidered the total amount of the statutory redundancy payment that must be paid to the Claimant and reduced the figure orally given at the hearing of £7,807.66, down to £7,616 to take into account the limit on ‘week’s pay’ for the purposes of calculating a statutory redundancy payment for a dismissal on 20 November 2021.