F Macovei and V Macovei v Premier Marine East Anglia Ltd: 3302049/2025 and 3302050/2025
JUDGMENT
[1]Mr Macovei is entitled to be paid the following sums:a. A Redundancy Payment of £2340.b. A net sum of £2186.40 representing arrears of pay, notice pay and a sum in respect of holidays not taken.[2]Mrs Macovei is entitled to be paid the following sums:a. A Redundancy Payment of £3120.b. A net sum of £2827.31 representing arrears of pay, notice pay and a sum in respect of holidays not taken.REASONS
[1]The Claimants were both employed by the Respondent as cleaners working at the same premises. Due to a downturn in work at the client business its need for cleaners from the Respondent ceased and, having lost that client, the Respondent made them and other cleaners redundant.[2]The Respondent did not submit and ET3 and has not sought to participate in this hearing, despite being notified of it.[3]I do not intend to set out the relevant law in any detail. The Tribunal has jurisdiction to award the sums the subject of the judgment. In the circumstances described the Claimants have an entitlement to a Redundancy Payment, calculated as set out below. The non-payment of wages amounts to an unlawful deduction and a claim for a financial sum in respect of holidays not taken is permissible when the contract of employment has ended.[4]Mr Macovei had worked for the Respondent for 3 complete years at the date of redundancy (3 January 2025) and his wife for 4 complete years. Both Claimants were over the age of 41 for all of their employment. In each case the weekly wage was £520. Mr Macovei is entitled to a Redundancy Payment calculated at 1.5 times that wage for each complete year of employment and his wife to the same. Hence, he is entitled to a payment of £2340 and she to a payment of £3120.[5]Both Claimants were sent a pay slip by their employer to cover hitherto unpaid wages, pay for what would have been their notice periods and pay in respect of untaken holidays. The payslips set out gross figures for each and then a net figure for the pay due together with the amount of the redundancy payment each is due. The Claimant’s tell me (and I accept) that the pay slips correctly record what was owed to them and they have no reason to question the tax and NIC calculations.[6]The gross sums due in respect of arrears of pay, notice pay and outstanding holiday pay are respectively £416, £2080 and £104 (Mr Macovei) and £1248, £2080 and £263.77 (Mrs Macovei). The net sums due are £2186.40 (Mr Macovei) and £2827.31 (Mrs Macovei). Approved by: