Mrs R G Tareen v Sos for Business, Energy & Industrial Strategy — 2023

The tribunal determined under section 163 Employment Rights Act 1996 that Mrs R G Tareen was entitled to a redundancy payment. It found that she had 7 years' continuous service at the date of dismissal, having worked in the same stores with the same management without a gap since May 2013.

The respondent did not attend the hearing but had conceded in its ET3 that the claimant was eligible to apply for a redundancy payment under section 166(1)(a) because she had taken all reasonable steps to recover the payment from her employer, who refused. The tribunal accepted the respondent's figure of £180.34 as the week's pay used in the calculation.

On that basis, the tribunal said the redundancy payment should be calculated at 7 weeks' pay under section 168 ERA 1996. The operative judgment states the claimant was entitled to £1,262.32, while the reasons calculate £1,262.38; in either event the tribunal found £360.68 had already been paid and ordered the respondent to pay the remaining balance of £901.70.