Mr J Ellis v Mayfair Residential Care Home Ltd PUBLIC HEARING Heard: BY CVP On: 21 August 2023 — 2023

This was a final hearing by CVP on 21 August 2023 before Employment Judge JM Wade, following an earlier hearing in May which did not determine the claims and led to case management orders. By the morning of the final hearing the parties had largely agreed the claimant’s claims, with the remaining difference relating mainly to the total payable. The tribunal noted that the claimant had not given credit for a redundancy payment made on or around 14 October 2022.

The tribunal also recorded that the claims were within time. It found that the last payment made to the claimant, on or around 14 November 2022, was the date when the balance of notice pay and holiday pay ought properly to have been paid. On that basis, the tribunal proceeded to determine the substantive monetary claims.

The claimant was held entitled to a statutory redundancy payment of £2,812.50. Because £2,435.63 had already been paid, the tribunal ordered the respondent to pay the remaining £376.87.

The claimant’s complaint of unlawful deduction from wages was upheld. The respondent was ordered to pay gross sums of £853.37 for holiday pay on termination of employment and £2,625.00 for notice pay. The total sum payable was £3,855.24.