Mr J McGrory v CCM Courier Express Ltd: 4100004/2023
JUDGMENT
[1]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £8,400.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages in the sum of £4,800.[3]The respondent has failed to pay the claimant’s holiday entitlement accrued but on taken on termination and is ordered to pay the claimant the sum of £471.87.REASONS
Oral reasons for the decision were announced at the preliminary hearing. For clarification my calculations are as follows:[1]Redundancy pay: At the effective date of termination the claimant was 66 years of age had had been continuously employed for 14 years. His weekly gross wage was £400. The claimant is entitled to a redundancy payment of 21 weeks’ pay (21 x £400), that is £8,400.[2]Notice pay: The claimant is entitled to the maximum statutory notice of 12 weeks’ pay (12 x £400), that is £4,800.[3]Holiday pay: The claimant had accrued 24 days holiday up to the date of termination. He had taken 15 days holiday leaving a balance of 9 days accrued but not taken on termination. The claimant’s net pay was £368 per week which equates to £52.43 per day. The accrued holiday pay is 9 days’ pay (9 x £52.43), that is £471.87.