Employment Judge O’DempseyNot represented for respondentDate 24 May 2019
JUDGMENT
The tribunal having considered the non-attendance of the Respondent under rule 47 of the Tribunal Rules, and having decided to continue with the hearing in the absence of the Respondent, the Claimant’s claims for redundancy payment and notice pay succeed. The claimant is entitled to a redundancy payment of £6688.50, and to damages for breach of contract of £3527.04.
REASONS
[1]This case was listed for a full hearing today 13 May 2019. The respondent had returned form ET 3 on 11 April 2019. It explained that it had ceased trading and said that there is no money for a redundancy payment.[2]The respondent received notice on 14 March 2019 giving today's date as the hearing date. It did not indicate that it was proposing not to attend. In those circumstances when the respondent failed to attend this morning I caused enquiries to be made at the tribunal and also for the tribunal administrative staff to attempt to make contact with the first respondent. The first respondent had given a contact address in the Republic of Ireland. It was therefore not possible for the administrative staff to telephone that number. Instead the tribunal staff sent an email requesting an immediate response to the email given on the form ET 3. The clerk also made a search in the building to see whether anyone had attended. In the circumstances these were all the practicable steps that could be taken to see whether the respondent was going to attend and to establish whether it had reasons for non-attendance.[3]There were no responses to the attempts to find the respondent. In those circumstances I decided under rule 47 of the Tribunal's rules of procedure to proceed with the hearing. I heard evidence from the claimant.[4]He was employed in electronics assembly from 15 March 2004 until 21 December 2018. He is aged 62.[5]His evidence was that he earned £1274 monthly (gross) and £1130 net monthly. He had received neither redundancy payment nor his notice pay. I am satisfied based on his evidence that he was made redundant without notice.[6]In his evidence he confirmed that box 8.2 of his form ET 1 was true to the best of his knowledge and belief. He also told me that he had checked the Companies House website last Friday and that the company was still listed as an active company. There is no evidence therefore that the company has gone into liquidation or other form of insolvency.[7]In those circumstances I considered that the claimant is entitled to a redundancy payment. He is also entitled to 12 weeks notice, by way of statutory minimum notice under the Employment Rights Act 1996.[8]I considered what the correct amount of weekly pay should be for the calculation of his redundancy payment. It appeared to me that the claimant had used his net pay figure to calculate the redundancy payment in his claim form. Based on his gross monthly pay I calculated that his weekly gross pay should be £318 .50.[9]The claimant is therefore entitled to a redundancy payment of £6688.50. This is based on his age and the number of years of continuous employment that he has.[10]He is also entitled to damages for breach of contract in that the respondent failed to pay him any notice payment. This is calculated on the basis of his net pay and I calculate that he is entitled to £3527.04 p.