Mr B Marsh v Premier Moving Services (an insolvent partnership): 3201802/2019
JUDGMENT
[1]The Respondent is a partnership. The partners are Mr Garry Wakefield and Mr Graham Taylor. The partnership is insolvent as are the individual partners.[2]The Claimant was dismissed without notice on 13 May 2019 by reason of redundancy.[3]The Claimant was aged 72 at the effective date of termination of his employment. He has been continuously employed for 15 complete years by the Respondent since 24 September 2003.[4]The claim for a redundancy payment SUCCEEDS. The Claimant is entitled to a redundancy payment calculated as follows:- 20 weeks’ pay (statutory maximum) x £150pw gross = £3,000 10.2 Judgment - rule 61 Case No: 3201802/2019[5]The claim for breach of contract SUCCEEDS in relation to the failure to pay the notice pay to which the Claimant is entitled. 12 weeks’ notice pay x £150 = £1,800[6]The claim for accrued and unpaid holiday pay SUCCEEDS. The Claimant is entitled to paid annual leave calculated as follows:-6.1 Holiday year commencing 1 January 2019;6.2 No paid leave has been taken which is attributable to this holiday year 1.1.19 – 31.12.196.3 Holiday entitlement (pro rata) is 18 days per annum.6.4 For the period 1 January 2019 – 13 May 2019 (19 weeks) the Claimant is entitled to 7 days paid annual leave at a weekly rate of pay of £150 = £150[7]The grand total payable by the Respondent to the Claimant within 28 days is £4,950 (£3,000 + £1,800 + £150).