Mr L Evans, Mr D Harrison, Mr P Jackson, Mr K Philips, Mr C Reid, Mr P Hull, Mr L Mulvey, Mr F Francis v ETA Parcel Solutions Limited (in compulsory liquidation) and 1 other — 2021

The second respondent accepted that ETA Parcel Solutions Limited was insolvent and that the claimants were employees of the first respondent. The only live issue before the Employment Judge was length of service, because the second respondent had rejected the redundancy and notice pay claims on that basis. The tribunal found that each claimant had continuity of employment from the dates recorded in the judgment and that each had been dismissed by reason of redundancy on 13 June 2018.

On that basis, the tribunal held that Mr L Evans was entitled to 8 weeks' notice pay and a redundancy payment; Mr D Harrison to 10 weeks' notice pay and a redundancy payment; Mr P Jackson to 7 weeks' notice pay and a redundancy payment; Mr P Hull to 11 weeks' notice pay and a redundancy payment; and Mr L Mulvey to 6 weeks' notice pay and a redundancy payment. The judgment states that the hearing focused on service length and that the claimants' claims against the first respondent had been stayed.

The tribunal was able to calculate figures for Mr K Philips, Mr C Reid and Mr F Francis. It found that Mr K Philips had 18 years' continuous service and was entitled to a redundancy payment of £9,652 and notice pay of £5,296.44, using net weekly pay of £441.37. It found that Mr C Reid had 11 years' continuous service and was entitled to a redundancy payment of £6,267.63 and notice pay of £3,808.53, using net weekly pay of £346.23. It found that Mr F Francis had 9 years' continuous service and was entitled to a redundancy payment of £6,858, calculated from gross weekly pay of £623.

For Mr L Evans, Mr D Harrison, Mr P Jackson, Mr P Hull and Mr L Mulvey, the tribunal said there was insufficient evidence to calculate the net and gross weekly pay figures from their schedules of loss. It indicated that they could provide payslips or bank statements within 14 days so that the judgment might be reconsidered and, if appropriate, varied to include the sums due. Mr F Francis's notice pay claim was dismissed following withdrawal by the claimant.