Mr T Nelson and others v J and B Nelson Construction Ltd: 2502588/2023 and others
JUDGMENT
The judgment of the Tribunal is as follows: Notice Pay[1]Each claimant was entitled to receive 12 weeks’ notice under section 86 Employment Rights Act 1996 when his employment was terminated without notice on 5 June 2023. The complaints of breach of contract in relation to notice pay are therefore well-founded.[2]The respondent shall pay the claimants the sums set out below as damages for breach of contract. These figures have been calculated using gross pay to reflect the likelihood that the claimants will have to pay tax on it as Post Employment Notice Pay. Thomas Nelson – £9,000 James Nelson – £10,380 Adrian Bailey – £7,800 Case Nos. 2502588/2023, 2502589/2023 & 2502590/2023 Redundancy payment[3]Under section 163 Employment Rights Act 1996 it is determined that each claimant is entitled to a redundancy payment as set out below. These payments are not subject to deduction of tax. Thomas Nelson – £10,931 James Nelson – £12,217 Adrian Bailey – £8,037.50 SE Langridge Employment Judge Langridge SIGNED BY