Mr Máté Libics v 2nd Generation Facades Ltd — 2022

Mr Libics brought claims for statutory redundancy pay, notice pay, holiday pay and arrears of pay against 2nd Generation Facades Ltd. The respondent did not present a response or attend. The tribunal heard the case on 1 February 2022 and first determined that the wage and holiday claims were in time: it found that the sums became properly payable on 21 May 2021, that early conciliation began on 9 August 2021 within the primary time limit, and that the EC period extended time for presentation. For the contractual notice-pay claim, the tribunal applied Societe Generale v Geys and held that the effective date of termination was 21 May 2021.

The tribunal accepted that Mr Libics worked as a Manufacturing Engineer from 1 January 2018 on 40 hours a week at £14 per hour. It found that he had 18 days of 2020 annual leave remaining on 5 October 2020, that he was told on 3 November 2020 that he was to be made redundant, and that later letters of 23 and 30 April 2021 set out sums said to be due, but payment was not made apart from £350 on 14 May 2021. It found he had 3 completed years' service for redundancy pay and a contractual 4-week notice entitlement. The claimant confirmed that the holiday-pay claim was advanced as a breach of contract claim.

The tribunal awarded £1,632 statutory redundancy pay, £1,714.24 net notice pay, £3,099.04 gross for 27.67 days of accrued but untaken annual leave, and £1,507.60 net for underpaid wages for 6 February to 23 April 2021. It also awarded £209 under s.23(2) ERA 1996 for temporary car repair costs attributable to the underpayment. No award was made for injury to feelings because the tribunal said it had no jurisdiction to make such an award in these proceedings, no ACAS uplift was awarded under s.207A TULR(C)A 1992, and the claimant did not pursue pension loss. The total payable was £8,161.88.