Mr D A Wilson v Church Homes Ltd — 2020

The claimant, Mr D A Wilson, succeeded on three monetary complaints against Church Homes Ltd and failed on his notice pay claim. The respondent had indicated in its response form that it did not defend the claim and confirmed by telephone on 4 February 2020 that it would not attend the hearing. The tribunal therefore proceeded in the respondent's absence under rule 47.

The tribunal held that the complaint of failure to pay a statutory redundancy payment was well founded. It awarded the claimant £4,860.00 in respect of that claim. The judgment does not set out further reasoning for the redundancy calculation, but it records the award as a statutory redundancy payment.

The claimant's notice pay claim was dismissed. The tribunal found that he had fully mitigated his loss in relation to notice pay, so no award was made on that complaint. The judgment does not give any further written reasons, noting that reasons were given orally at the hearing.

The tribunal also upheld two breach of contract complaints: failure to pay wages due and failure to pay outstanding holiday pay. It awarded gross sums of £2,160.00 and £1,080.00 respectively. Other than the statutory redundancy payment, the awards were made on a gross basis, with the claimant responsible for any tax and employee national insurance contributions due.