A Goodwin v Red Amber Archer Ltd: 2502363/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Claimant’s claim for a redundancy payment is well-founded and succeeds.[2]The Respondent is ordered to pay to the Claimant the gross sum of £1,941.50REASONS
[1]The Claimant presented a Claim Form on 17 October 2022 in which he claimed a statutory redundancy payment.[2]The proceedings were served at the address given by the Claimant on the ET1, with a response date of 06 December 2023. The name of the Respondent was stated to be Red Amber Archer. However, this was amended to add the word ‘limited’. No response was returned.[3]Under rule 21 of the Tribunal Rules of Procedure 2013, where on the expiry of the time limit in rule 16 no response has been presented and no application for a reconsideration is outstanding, an employment Judge shall decide whether on the available material, a determination can properly be made of the claim or part of it. If there is, the judge shall issue a judgment, otherwise a hearing must be fixed before a judge alone.[4]The Claimant has provided the necessary information.[5]He was employed as a barman from 12 May 2014 to 05 May 2014, on which date his employment was terminated without notice due to the closure of his place of work. He was, at the date of dismissal, aged 43 years old. He earned £176 gross per week. Case No:2502363/2023[6]I was satisfied from the information available to me to conclude that the closure of the pub where he worked gave rise to a redundancy situation and that the Claimant was dismissed by reason of redundancy. He was entitled to a redundancy payment, the claim for which was brought in time. Therefore, I was able to issue a judgment under rule 21 of the ET Rules of Procedure 2013.[7]Had the Claimant been given his minimum statutory notice he would have been employed for a period of 10 complete years. Therefore, his redundancy pay calculation is as follows: 11 weeks x £176 = £1,936.