Mr G Herrick v Caldera Construction Ltd: 3205462/2022
EMPLOYMENT TRIBUNALS
Case No 3205462/2022
Between
Mr G HerrickClaimantCaldera Construction LtdRespondent
Before
Employment Judge John CrosfillIn person for claimantNo appearance or representation for respondentDate 12 April 2023
JUDGMENT
Upon the Respondent failing to comply with any of the directions set by the Tribunal AND UPON the Respondent failing to attend the final hearing AND UPON the Tribunal being unable to contact the Respondent on the telephone numbers supplied AND UPON the Tribunal determining that it was in the interests of justice to proceed in the absence of the Respondent pursuant to rule 47 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 AND UPON hearing evidence from the Claimant[1]The Claimant’s claim for a statutory redundancy payment brought pursuant to sections 135 and 163 of the Employment Rights Act 1996 is well founded.[2]The Claimant is entitled to a statutory redundancy payment based on 5 years continuous service during the entirety of which the Claimant was over the age of 41. The Claimant’s gross weekly pay exceeded the statutory maximum of £571.00, Accordingly the amount of the statutory redundancy payment is 5 x 1.5 x £571 = £4282.50 Case Number: 3205462/2022[3]The Respondent is ordered to pay the Claimant the sum of £4282.50[4]The Claimant’s claim for accrued but untaken holiday brought pursuant to Regulation 30 of the Working Time Regulations 1998 is dismissed.