Mr K R Smith and Mr G Farnworth v Paul Jonathan Nunn (T/a Allen & Son): 3205575/2022 and 3205656/2022

EMPLOYMENT TRIBUNALS
Case No 3205575/2022, 3205656/2022
(1) Mr Kevin Richard Smith (2) Mr Gary FarnworthClaimantPaul Jonathan Nunn trading as Allen & Son FINAL HEARINGRespondent
Employment Judge ShoreIn person for claimantNo Appearance for respondentDate 5 June 2023

JUDGMENT

[1]The correct name of the respondent is Paul Jonathan Nunn trading as Allen & Son.[2]The first claimant’s claim for a statutory redundancy payment is well founded and succeeds.[3]The respondent will pay the first claimant, Kevin Richard Smith, £12,600.00 (calculated as 20 weeks x 1.5 x £420.00 per week), gross, without deduction of tax or National insurance as a statutory redundancy payment.[4]The first claimant’s claim of breach of contract (failure to pay notice pay) is well founded and succeeds.[5]The respondent shall pay the first claimant, Kevin Richard Smith, £5,040.00 (calculated as 12 weeks x £420.00), gross, without deduction of tax or National insurance[6]The first claimant’s claim for holiday pay is well founded and succeeds. 1 of 2 Case Numbers: 3205575/2022 3205656/2022[7]The respondent will pay the first claimant, Kevin Richard Smith, £840.00 (calculated as 2 weeks x £420.00), gross, without deduction of tax or National insurance.[8]The total payable to Kevin Richard Smith by the respondent is £18,480.00.[9]The second claimant’s claim for a statutory redundancy payment is well founded and succeeds.[10]The respondent will pay the second claimant, Gary Farnworth, £6,840.00 (calculated as 12 weeks x 1.5 x £380.00), gross, without deduction of tax or National insurance[11]The second claimant’s claim of breach of contract (failure to pay notice pay) is well founded and succeeds.[12]The respondent shall pay the second claimant, Gary Farnworth, £4,560.00 (calculated as 12 weeks x £380.00), gross, without deduction of tax or National insurance[13]The second claimant’s claim for holiday pay is well founded and succeeds.[14]The respondent will pay the second claimant, Gary Farnworth, £1,292,00 (calculated as 17 days’ pay at £76.00 per day), gross, without deduction of tax or National insurance.[15]The total payable to Gary Farnworth by the respondent is £12,692.00.