Mr D Whitworth v Secretary of State For Business Energy and Industrial Strategy and Donna Michelbach: 2405546/2018
[1]It is just and equitable to extend the time for the claimant to present a claim for a redundancy payment to 4 April 2018. The tribunal thus has jurisdiction to hear the claim. The claimant was dismissed for redundancy by the second respondent. The claimant is entitled to a redundancy payment in the sum of three thousand and twenty four pounds (£3024.00).[2]It was not reasonably practicable for the claimant to bring claims of breach of contract and unpaid untaken annual leave within the primary applicable time limits. It was reasonably practicable for the claimant to bring the claims within an extended time limit ending on 4 April 2018. The tribunal thus has jurisdiction to hear these claims.[3]On the date of termination of employment, the claimant had accrued untaken leave of six (6) days and is entitled to compensation in the sum of two hundred and seventy two pounds and fourty pence (£272.40).[4]In breach of contract the second respondent failed to give the claimant notice. He is entitled to compensation in the sum of eighteen hundred and fifty six pounds (£1856.00) Case Number: 2405546/2018 2 of 2[5]The respondents are ordered to pay the claimant the sum of five thousand, one hundred and fifty two pounds and fourty pence. (£5152.40). Schedule of calculation The claimant had been in the employment of the second respondent for a continuous period of 8 years and 2 weeks. He was, at all material times, over the age of 41. He earned £252.00 a week (gross) and £232 a week (net). He had accrued 6 untaken days of annual leave for which he had not been paid as at the date of dismissal. Redundancy 8 x 1.5 x 252 = £3024.00 Annual leave 6 x 232 / 5 = £272.40 Notice pay 8 x 232 = £1856.00 Total owed £5152.40 Employment Judge Warren 17 October 2018 Oral reasons having been given at the Hearing written reasons maybe requested within 14 days hereof. Sent to the parties on: 29 October 2018 For the Tribunal: …………………………..