Case 1602184/2020 · Employment Tribunal
IN PERSON FOR THE v Kontoor South Wales Ltd — 2021
- Case reference
- 1602184/2020
- Decision date
- 6 April 2021
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
IN PERSON FOR THE
Respondent
Key findings
Tribunal's reasoningMr L Waters was employed by Kontoor South Wales Limited as a CNC Operator from 1 May 2015 and was dismissed by reason of redundancy on 11 August 2020. The tribunal recorded that, by consent, the respondent owed notice pay, holiday pay and a redundancy payment. The respondent had proposed settlement terms by email on 16 March 2021, but the claimant did not agree because the calculations were based on 2018 wages and he wanted payment in full rather than by instalments. The respondent did not attend the hearing on 1 April 2021.
The tribunal held that the claimant's notice pay and redundancy payment had to be calculated using his actual wages at dismissal. As he was paid minimum wage, his weekly wage at August 2020 was £348.80, not the 2018 figure of £313.20, so the correct redundancy payment and six weeks' notice pay were each £2,092.80. Holiday pay had to be calculated using the prevailing daily rate when each entitlement arose: £62.64 for 2018, £65.68 for 2019 and £69.76 for 2020. On that basis, the tribunal awarded £1,064.88 for 2018, £1,839.04 for 2019 and £1,290.56 for 2020, making £4,194.48 in holiday pay overall.
The tribunal ordered payment in full of £8,380.08, made up of the three sums above. It also recorded that it had no power to order payment by instalments; if the judgment was not paid, enforcement would have to be pursued in the County Court.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Statutory redundancy payment calculated using the dismissal-date weekly wage. | Upheld | — | £2,093 |
| Breach of contract | Six weeks' notice pay awarded using the dismissal-date weekly wage. | Upheld | — | £2,093 |
| Holiday pay | Payment in lieu of 63.5 days' accrued holiday for 2018 to 2020. | Upheld | — | £4,194 |
Remedy
Monetary award- Total award
- £8,380
- across all upheld claims
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
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