Case 1303408/2023 · Employment Tribunal
Mr. R. Garner, Lay representative v R & M Metal Finishing Ltd — 2023
- Case reference
- 1303408/2023
- Decision date
- 16 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wedderspoon Representation
- Venue
- Birmingham via CVP
Parties
2 namedClaimant
Mr. R. Garner, Lay representative
Respondent
Key findings
Tribunal's reasoningThe respondent did not present a valid response on time, and the Employment Judge determined that the matter could be decided under Rule 21 of the Rules of Procedure. The claimant was represented by Mr R. Garner; the respondent did not attend the hearing at Birmingham via CVP on 16 October 2023.
On the notice pay claim, the tribunal found that it was not reasonably practicable for the claimant to bring the claim in time, but that it was brought within a further reasonable period. The tribunal then found that the claimant had been dismissed in breach of contract in respect of notice and awarded damages of £4,132.20, calculated by reference to 12 weeks at £344.35.
The tribunal also found that the claimant had been made redundant and ordered payment of a redundancy payment of £10,330.50, calculated as 20 years x 1.5 x £344.35. The total award was £14,462.70, payable forthwith.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded damages of £4,132.20, calculated as 12 weeks at £344.35. | Upheld | — | £4,132 |
| Redundancy | The tribunal found the claimant was made redundant and awarded a redundancy payment of £10,330.50, calculated as 20 years x 1.5 x £344.35. | Upheld | — | £10,331 |
Remedy
Monetary award- Total award
- £14,463
- across all upheld claims
Legal tests applied
2 references- Rule 21 of the Rules of Procedure
- not reasonably practicable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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