S Lawson v GServe Ltd: 3202477/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 Upon the Respondent failing to file an ET3 within the time limit imposed by rule 16 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 AND Upon considering the information provided by the Claimant in his ET1 and at the preliminary hearing by telephone that took place on 27 April 2020[1]The Claimant’s claim for a Redundancy Payment brought under Section 165 of the Employment Rights Act 1996 is well founded.[2]The Respondent is ordered to pay the Claimant the sum of £2,362.50. The basis of the calculation is that:a. The date of the dismissal was 31 May 2019 and at the time the statutory cap on a weeks pay for calculating a redundancy payment was £525.b. The Claimant’s gross weekly pay exceeded the cap.c. The Claimant was over the age of 41 for the duration of his employment.d. The Claimant had 3 full continuous years of servive; hence:e. The Redundancy payment due is 3 x 1.5 x £525 = £2,362.50[3]The recoupment regulations do not apply to the said award. Case Number: 3202477/2019[4]The Claimant’s claims for notice pay and holiday pay are not effected by this judgment. Employment Judge John Crosfill Date: 27 April 2020 Case No:3202477/2019 EMPLOYMENT TRIBUNALS Claimant: Mr S Lawson Respondent: Gserve LtdREASONS
[1]By a letter dated 15th August 2020 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has no reasonable prospect of success.[2]The claimant has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The claim is therefore struck out.