Mr B Brown v Acorn Sheetmetal Ltd: 1802587/2022
JUDGMENT
[1]Pursuant to rule 47, having proceeded in the absence of the Respondent and heard evidence from the Claimant it is declared:2.1 The Claimant was dismissed by reason of redundancy on 23rd March 2022.2.2 The Claimant is entitled to a statutory redundancy payment, calculated on the basis of 7 years both presumed under section 210 (5) and actual continuous employment, applying section 97(2) of the Employment Rights Act 1996, at 1 weeks pay for each year served.2.3 The Claimant was wrongfully dismissed in breach of his contractual and statutory right to 6 weeks notice. This is corrected from the decision announced orally, which incorrectly stated 7 weeks, when the Claimant in fact had only 6 years completed full employment up to the date of termination2.4 The Respondent has made an unauthorised deduction from the Claimant’s wages by not paying him for the 3 days 21st to 23rd March 2022 at the temporarily reduced rate which was then applied during a period of lay-off.2.5 The Respondent never provided the Claimant with a written statement of the terms and conditions of employment as required by Part I of the Employment Rights Act 1996 , and is therefore liable to pay a further award pursuant to section 38 of the Employment Act 2002[3]The Respondent is therefore ordered to pay compensation to the Claimant as follows: Case: 1802587/20223.1 Redundancy payment £3,371.553.2 Pay in lieu of notice £2,892.24 gross3.3 3 days wages @ £30.00 per day £90.00 gross3.4 Additional award of 2 weeks pay £964.08 £7,317.87 Philip Lancaster