Ms T London v P.C.D. York: 2204531/ 2018
JUDGMENT
The Tribunal made the following determinations which were agreed by the parties (and in relation to item 2 (Redundancy Pay, please see the reasons below)):-[1]The Claimant’s complaint that the Respondent owed the Claimant holiday pay is well founded pursuant to Section 13 Employment Rights Act 1996 (“ERA”) (and accepted by the Respondent). It was ordered that the Respondent pay to the Claimant the sum of £ 300 (net).[2]The Claimant’s complaint that the Respondent owed the Claimant redundancy payment pursuant to Section 164 ERA is well founded (and accepted by the Respondent). It was ordered that the Respondent pay to the Claimant the sum of £ 6,750 (net). (The parties are referred to the reasons below).[3]The Claimant’s complaint that the Respondent owed the Claimant notice pay pursuant to the terms of its contract of employment is well founded (and accepted by the Respondent). It was ordered that the Respondent pay to the Claimant the sum of £3,600 (net). 10.2 Judgment - rule 61 Case No 2204531/ 2018 The total sum of £10,650 (net) was ordered to be paid by the Respondent to the Claimant. The parties agreed that this would be paid as follows:(a) The sum of £4,000 would be paid by 8 Nov 2018; and(b) Thereafter, the sum of £200 would be paid every month on the first of each month (or the nearest business day thereafter), with the first such instalment being paid on Monday, 3rd December 2018.REASONS
FOR AWARDING THE SUM OF £6,750 (NET) IN RELATION TO THE REDUNDANCY PAY) At the hearing the sum of £ 6,203 (net) was awarded to the Claimant as redundancy pay on the basis that this reflected the statutory maximum cap. Following the hearing, I double checked the statutory cap for statutory redundancy pay which is £15,240. I thus have corrected the award to the sum of £ 6,750, the sum agreed and calculated by the parties as the sum to be awarded as redundancy pay. This was calculated at the hearing on the basis of the net weekly pay of £300, 5 years awarded at 1 and a half week’s pay, and 15 years awarded at 1 week’s pay. 10.2 Judgment - rule 61