Mr G Baker v Lincoln Leisure Vehicles Ltd: 6014789/2024
JUDGMENT
The judgment of the Tribunal, following a hearing which the Respondent did not attend, despite having been served with the ET1 and the notice of this hearing to which it failed to respond in any form, is as follows: Time limits[1]The reference to the Tribunal as to the right of the Claimant to a redundancy payment was not presented within the applicable time limit, but it is just and equitable to extend the time limit. The claim will therefore proceed.[2]The complaint of breach of contract in relation to notice pay was not presented within the applicable time limit, but it was not reasonably practicable to do so. The complaint of breach of contract in relation to notice pay was presented within a further reasonable period. The complaint of breach of contract in relation to notice pay will therefore proceed. Redundancy pay[3]Under section 163 of the Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £6751.50. Notice pay[4]The complaint of breach of contract in relation to notice pay is well-founded.[5]The respondent shall pay the claimant £2950.60 as damages for breach of contract (representing 7 weeks payment). This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Approved by: