Mr Robin Smith v BAP Transport Ltd (in administration) and The Secretary of State for Business Energy and Industrial Strategy: 3331650/2018
JUDGMENT
[1]The Tribunal makes a protective award in respect of all of those employees dismissed as redundant on or after 5 June 2018 that the employer pay remuneration for the protected period which begins on 5 June 2018 and is for a period of 90 days.[2]The Claimant’s claims for a redundancy payment, for notice pay, (breach of contract) and arears of pay succeed.[3]The Claimant’s gross weekly wage in accordance with his contract of employment and as defined in section 222, (hours of work varied) is £540. The claimant is therefore entitled to receive from the First Respondent: 3.1. In respect of a redundancy payment of (20 x 1 ½ x £508) £15,240 less £12,761.40 received from the Secretary of State leaving a balance due of £2,478.60. 3.2. In respect of arears of pay, for 8 days worked between 21 May and 5 June 2018 the sum of £1440 gross less £217.71 received from the Secretary of State leaving a balance due of £1,222.29. Case Number: 3.3. In respect of notice pay, (12 x £540) £6480 less £5,104.56 received from the Secretary of State leaving a balance due of £1375.44.[4]The claimant withdraws his claims for holiday pay and unfair dismissal, which are dismissed on withdrawal.