Ms D 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): 2410517/2019
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 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 £2308.43 (TWO THOUSAND THREE HUNDRED AND EIGHT POUNDS AND FORTY THREE PENCE) as set out in her Claim number 2410517/2019 before the Manchester Employment Tribunal[2]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 she shall lodge a claim for her 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 paid to her at the rate of £100.00 per month, with the first payment being paid no later than 30 days after the date on which the Respondents are due to make the final payment to the Claimant’s husband, Mr Ray Cooney, pursuant to the Judgment entered in his case under claim number Claim number 2410516/2019 before the Manchester Employment Tribunal. 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.[3]The Claimant’s claims for unfair dismissal, notice pay, holiday pay and for failure to provide her with a written statement of terms and conditions of employment as set out in her Claim number 2410516/2019 before the Manchester Employment Tribunal are withdrawn and the Parties agree that these Claims should accordingly be dismissed.