Ms L Boateng v Court Green Education CIC: 2308957/2024
JUDGMENT
[1]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £3300.[2]The complaint of breach of contract in relation to notice pay is well-founded.[3]The respondent shall pay the claimant £2400 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.REASONS
[4]While no ET3 has been filed in this matter, Mr Adamson, the respondent’s director, did attend and confirmed he did not challenge the claimant’s pay information or length of service. He also confirmed her employment was Page 1 of 2 Case Number: 2308957/2024 terminated as the business was in financial difficulties without notice or redundancy pay.[5]While reasons were given in the hearing for finding for the claimant, I recalculated the amount of the claimant’s redundancy award, after the hearing, based on the evidence heard and there being no challenge to the amount of the claimant’s pay or length of service as set out in her ET1. I find this is accordingly the correct award due to the claimant. Paragraph 1 of this Judgment reflects this calculation.[6]The calculation at paragraph 2 is again based on no challenge to the claimant’s weekly/monthly pay and the evidence heard from the claimant about her notice pay entitlement set out in the employee handbook, which I was satisfied reflected the correct notice pay position.