Mr R B Blackford v Lined Out Ltd: 2302404/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The hearing listed on 12 November 2021 is converted to a Remedy Hearing Employment Judge Abbott Date: 08 June 2021 Case Number: 2302404/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr R Blackford Respondent: Lined Out Ltd Held at: London South, by CVP On: 12 November 2021 Before: Employment Judge Barker Representation: Claimant: Respondent: Mr B Greenhalgh, Citizens’ Advice Bureau advisor No attendance REMEDY JUDGMENT The respondent is to pay to the claimant £12,144.04 forthwith, comprised of the following sums:a. The claimant received no wages payments for the second half of February 2020 and none for March 2020. He is therefore entitled to recover these wages, which are £3360.00 gross;b. The claimant is to be paid a redundancy payment based on the statutory maximum of a week’s pay of £525 at the date of dismissal of 24 March 2020 (incorrectly stated in the hearing to be £538 statutory maximum), 6 years’ service and age at dismissal of 41, which equals £3150,c. The claimant was dismissed without being paid notice monies. He is entitled to the statutory notice payment of £3482.04, calculated on the basis of gross weekly pay of £580.34 and 6 years’ service.d. Although the claimant succeeded in his claim of unfair dismissal, he is not able to recover compensation for loss of wages from the Case Number: 2302404/2020 2 respondent, as the evidence before the Tribunal was that there was a complete shutdown of the business with all employees dismissed on 23 March 2020. He would therefore have been dismissed by the respondent in any event.e. The claimant worked for six years for the respondent but was not given a statement of terms and conditions of employment. When the proceedings were begun, this was still the case. This is a significant failure by the employer and the Tribunal awards four weeks’ wages in recognition of this, of the maximum of a week’s pay in force at the time the proceedings began, which is £538 (not £544) x 4 = £2,152. The Recoupment Regulations do not apply to this judgment and award of compensation.