Mr C Dowsett v SLG DB3 Ltd: 2405537/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013, Rule 21 The respondent not having presented a response to the claim and on the information before the Judge,[1]The claim for redundancy payment in accordance with section 162 of the Employment Rights Act 1996 is well founded. The respondent failed to pay the claimant statutory redundancy pay for 7 years service at the statutory rate of weekly pay of £643. The respondent is ordered to pay the gross sum of £6751.50.[2]The claim for notice pay in accordance with section 86 of the Employment Rights Act 1996 is well founded. The respondent failed to pay the claimant his statutory notice pay based on 7 years service, at the weekly rate of pay of £769.23. The respondent is ordered to pay the gross sum of £5384.61.[3]The claim for holiday pay in accordance with regulation 14 of the Working Time Regulations 1998 is well founded. The respondent failed to pay the claimant for accrued, but untaken annual leave on termination of employment. The claimant had accrued 23 annual leave days at the daily rate of £153.84. The respondent is ordered to pay the gross sum of £3538.46.REASONS
[1]The claimant worked for the respondent, a hospitality company, from 10 February 2014 to 31 January 2022.[2]The claimant complains that he was not paid a redundancy payment, notice pay or holiday pay on termination of employment.[3]The claimant was entitled to gross contractual weekly pay of £769.23.[4]The claimant was 54 years of age when he commenced employment with the respondent and therefore, in accordance with section 162 of the Employment Rights Act 1996 is entitled to 1.5 weeks redundancy pay for each year of employment.[5]The gross weekly pay limit applicable to redundancy pay claims made between 6 April 2023 to 5 April 2024 was £643.[6]The claimant worked for the respondent for 7 years and was therefore entitled to notice of termination of employment of 7 weeks at his contractual weekly rate of pay.[7]The respondent’s annual leave year ran from 6 April until 5 April each year. On termination of the claimant’s employment, he had accrued 23 days of annual leave (300/365 x 100 x 28 = 23). The claimant’s daily rate of pay was £153.84 (£769.23/5).