Mr Desmond Neil and Mr Robert Coxon v Gelders Gourmet Ltd and Gelders Food Ltd: 2500088/2019 and 2500013/2019
JUDGMENT
It is the Judgment of the Tribunal that: Claim Number 2500088/2019: Desmond Neil (“the first claimant”)[1]The first claimant was dismissed by the second respondent by reason of redundancy on 21 September 2018 and is entitled to a redundancy payment of £5684.45p (19.5 weeks x £291.51p gross per week) and the second respondent is ordered to pay that sum to the first claimant.[2]The claim for breach of contract (notice pay) advanced by the first claimant is well-founded and the second respondent is ordered to pay to the first claimant the sum of £2113.52p (12x £268.28 net per week less £1105.84 universal credit received during the notice period) as damages for breach of contract. There was no right to receive a payment in lieu of notice contained in the contract of employment of the first claimant and the duty to mitigate applies. COMBINED PROCEEDINGS Case Numbers: 2500088/2019 and 2500013/2019[3]The claim for unpaid wages is well-founded and the second respondent is ordered to pay to the first claimant the sum of £291.51p (1 week at £291.51 per week) in respect of unpaid wages. This is a gross sum and the first claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt. 4.The total sum due to the first claimant from the second respondent of £8089.48 is payable forthwith.[5]All claims against the first respondent are dismissed. Claim Number 2500013/2019: Robert Coxon (“the second claimant”)[6]The name of the second respondent (the only respondent in these proceedings) is amended to Gelders Food Limited. There is no necessity for re-service.[7]The second claimant was dismissed by the second respondent by reason of redundancy on 21 September 2018 and is entitled to a redundancy payment of £6565.45p (21.5 weeks x £305.37p gross per week) and the second respondent is ordered to pay that sum to the second claimant.[8]The claim for breach of contract (notice pay) advanced by the second claimant is well-founded and the second respondent is ordered to pay to the second claimant the sum of £2243.92p (12x £275.16 net per week less £1058.00 universal credit received during the notice period) as damages for breach of contract. There was no right to receive a payment in lieu of notice contained in the contract of employment of the second claimant and the duty to mitigate applies.[9]The claim for unpaid wages is well-founded and the second respondent is ordered to pay to the second claimant the sum of £305.37p (1 week at £305.79p per week) in respect of unpaid wages. This is a gross sum and the second claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt.[10]The claim for unpaid holiday pay is well-founded and the second respondent is ordered to pay to the second claimant the sum of £207.65p (3.4 days at £61.07per week) in respect of unpaid holiday pay. This is a gross sum and the second claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt. The holiday year began on 1 April 2018 and by 21 September 2018 the second claimant had accrued 13.4 days annual leave. He had taken and had been paid for ten days leaving 3.4 days outstanding. 11.The total sum due to the second claimant from the second respondent of £9322.39p is payable forthwith. COMBINED PROCEEDINGS Case Numbers: 2500088/2019 and 2500013/2019