(1) Miss G Hendy (2) Miss J Tomkinson (3) Miss H Roberts (4) Mr D Male v The New Inn Newport Limited (in substitution for Darren Wood) — 2023

By consent, the claim against Darren Wood was dismissed and The New Inn Newport Limited was substituted as respondent in Miss Hendy's claim. The application to strike out the claims was refused. By consent, the claim by Ms Roberts in case 1309119/2022 and the duplicate claim by Miss J Tomkinson in case 1308880/2022 were dismissed upon withdrawal.

For Miss G Hendy, the tribunal held that she was entitled to a redundancy payment under section 163 Employment Rights Act 1996. The award was £2,654.28, calculated from six years' service and weekly pay of £442.38. Her complaint of breach of contract in relation to notice pay was also well-founded, and the respondent was ordered to pay £2,654.28 as damages, calculated as six weeks at £442.38 gross to reflect the likelihood that tax would be payable as Post Employment Notice Pay.

For Miss J Tomkinson, the tribunal held that she was entitled to a redundancy payment under section 163 Employment Rights Act 1996 in the sum of £3,287.79, based on six years' service and weekly pay of £365.31. Her notice-pay breach of contract claim was well-founded, with damages assessed at £2,191.86 gross for six weeks at £365.31. Her holiday pay complaint was also well-founded under regulation 14(2) and/or 16(1) of the Working Time Regulations 1998, and she was awarded £983.91 for 18 days of accrued annual leave, with tax or National Insurance to be paid by the claimant.

For Mr D Male, the tribunal found that he was an employee of the respondent at the relevant time and held that he was entitled to a redundancy payment of £1,629 under section 163 Employment Rights Act 1996, based on six years' service and weekly pay of £181. His notice-pay breach of contract claim succeeded, with damages of £362 gross for two weeks at £181. His holiday pay claim also succeeded under the Working Time Regulations 1998, and he was awarded £323.54 for 35.75 hours of accrued annual leave, with tax or National Insurance payable by the claimant.