Mr R Cooney v Mr A Calvert and Mr D Johns, acting as Trustees for and on behalf of Roose Conservative Working Mens Club (an unincorporated association): 2410516/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 Rule 64 By consent of the parties, the judgment of the Tribunal is as follows:[1]The Respondent admits liability for the Claimant’s claim for notice pay and shall pay the Claimant the sum of £4,500.00 (FOUR THOUSAND FIVE HUNDRED POUNDS) in full and final settlement of the Claimant’s claim for notice pay as set out in his Claim number 2410516/2019 before the Manchester Employment Tribunal.[2]The Respondent admits liability for the Claimant’s claim for unpaid holiday pay and shall pay the Claimant the sum of £1,012.50 (ONE THOUSAND AND TWELVE POUNDS AND FIFTY PENCE in full and final settlement of the Claimant’s claim for holiday pay as set out in his Claim number 2410516/2019 before the Manchester Employment Tribunal.[3]The Respondent shall therefore pay a total of £5,512.50 (FIVE THOUSAND FIVE HUNDRED AND TWELVE POUNDS AND FIFTY PENCE) to the Claimant in respect of the Claimant’s claims for notice pay and holiday pay, such sum to be paid in monthly instalments of £100.00, with the first instalment falling due for payment on or before 31st July 2020 and every subsequent payment falling due on or before the last working day of each month thereafter. In the event that any instalment is not paid on time, interest shall be due on such unpaid amounts at the rate of 4% per annum, calculated on a daily basis.[4]The Respondent admits that the Claimant was dismissed by reason of redundancy and accordingly agrees that the Claimant is entitled to a statutory redundancy payment in the sum of £10,170.23 (TEN THOUSAND ONE HUNDRED AND SEVENTY POUNDS AND TWENTY THREE PENCE)[5]The Respondents hereby confirm that they are unable to pay the Claimant’s statutory redundancy payment due to their current financial position and on that basis, the Claimant agrees that he shall lodge a claim for his statutory redundancy payment with the Redundancy Payments Service (RPS) as operated by the UK government and the Respondent shall promptly provide an open letter and shall provide such reasonable assistance and such other information as the Redundancy Payments Service shall reasonably require in order to confirm that the Respondent is unable to pay the Claimant’s statutory redundancy payment. In the event that, for any reason other than a failure on the part of the Claimant to use best endeavours to promptly provide such information or to do such acts as the RPS may require in order to assess the Claimant’s claim for a statutory redundancy payment, the RPS fail to make payment then, subject to any legal challenge which the Claimant shall first make if there are reasonable prospects of succeeding in any such challenge, the redundancy payment remains due and owing by the Respondents to the Claimant and shall be added to the sum owing to the Claimant and paid on the basis as set out in paragraph 3, above.[6]The Claimant’s claims for unfair dismissal and for arrears of pay as set out in his Claim number 2410516/2019 before the Manchester Employment Tribunal are withdrawn and the Parties agree that these Claims should accordingly be dismissed.