Mrs C Durkin and others v Dur-Tona (Euro) Design Ltd (in Liquidation) and Secretary of State for Business and Trade: 2500349/2023 and others
JUDGMENT
[1]The Claimants were employed by the First Respondent under a contract of employment.[2]On a reference by the Claimants under section 170 Employment Rights Act 1996 (‘ERA’), the Tribunal determines that the First Respondent is liable to pay the Claimants an “employer’s payment” within the meaning of section 166(2)(a) ERA, namely a redundancy payment.[3]The employer’s payment is payable by the Second Respondent.[4]On a complaint against the Second Respondent under section 188 ERA for payments under section 182 of that Act, relating to notice pay and holiday pay, the Tribunal declares that the Second Respondent ought to make the appropriate payments to the Claimants.[5]As claimed and agreed by the Claimant’s at the hearing, the payments under section 182 are restricted to income paid to the Claimants by way of PAYE and recorded on their P60s.[6]Upon the Tribunal being invited to adjourn the issue of the amounts payable, the amount of the sum payable by the Second Respondent will be determined by agreement between the parties or the matter will be referred back to the Tribunal for a remedy hearing before Employment Judge McGregor.