Mrs C Clementson v K&R Confectionery Ltd (in voluntary liquidation) and Secretary of State for Business, Energy and Industrial Strategy: 2410103/2022
JUDGMENT
The judgment of the Tribunal is that:(i) The claim for holiday pay is dismissed on withdrawal.(ii) The claimant was dismissed without statutory notice and her wrongful dismissal claim (notice pay) brought under section 182 of the Employment Rights Act 1996 (“ERA”) is well-founded. The Tribunal, having determined that the claimant had not lodged her complaint out of time and in the alternative, being satisfied that it was not reasonably practicable to lodge it in time, has jurisdiction to hear the complaint.(iii) The first respondent is ordered to pay compensation for wrongful dismissal in the sum of £615.09 (4 weeks less 2-days @ £165.60 per week net, £23.66 per day).(iv) The claim for a statutory redundancy payment under sections 166 and 170 of ERA is well-founded. The claimant did, within the six-month time limit specified in section 164(1) of Employment Rights Act 1996, take the actions prescribed by that subsection by writing to the first respondent. In the ensuing six-month extension period, the claimant referred to the Tribunal a question as to her right to a statutory redundancy payment as envisaged by s.164(2) and it is just and equitable that the claimant should receive a redundancy payment.(v) The first respondent is ordered to pay to the claimant, who was 66 years of age as at 23 November 2021 (the effective date of termination), the sum of £1242 (one thousand two hundred and forty two pounds) calculated at 1.5 weeks for 4 years @ £207 gross.