Case 1801430/2023 · Employment Tribunal
Mrs S E Foster v The Great Yorkshire Brewery Ltd (in voluntary liquidation) — 2023
- Case reference
- 1801430/2023
- Decision date
- 16 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tegerdine Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mrs S E Foster
Key findings
Tribunal's reasoningMrs S E Foster brought claims for statutory redundancy pay, notice pay as a breach of contract claim, and holiday pay as an unlawful deduction from wages. The Tribunal held that it had jurisdiction to hear all complaints. The redundancy pay claim was in time, and although the breach of contract and unlawful deduction claims were submitted after the deadline, the Tribunal accepted that it was not reasonably practicable to present them by 2 March 2023 and that they were lodged within a reasonable period thereafter.
On the merits, the Tribunal found that the claimant had been employed for over six years and was entitled to six weeks' statutory notice pay under section 86 of the Employment Rights Act 1996. It calculated notice pay by reference to gross weekly pay of £316.80 and awarded £1,900.80 gross.
The Tribunal also found that the claimant had been dismissed by reason of redundancy, had more than six years' service, and was 57 years old on the effective date of termination. Applying the statutory redundancy formula, it awarded £2,851.20 gross.
The holiday pay claim failed. The Tribunal recorded that the claimant was unable to explain how the holiday pay figure had been calculated or how many days or hours were being claimed, so it made no award for accrued but untaken holiday pay. The respondent was ordered to pay the sums due on or before 30 May 2023.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The Tribunal found the claimant was entitled to six weeks' statutory notice pay under section 86 of the Employment Rights Act 1996, based on gross weekly pay of £316.80 and over six years' service. | Upheld | — | £1,901 |
| Redundancy | The Tribunal found the claimant was dismissed by reason of redundancy, had over six years' service, and was 57 years old on the effective date of termination. | Upheld | — | £2,851 |
| Unlawful deduction from wages | The claim for accrued but untaken holiday pay failed because the claimant could not explain how the sum had been calculated or how many days or hours were claimed. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £4,752
- across all upheld claims
Legal tests applied
3 references- not reasonably practicable
- within a reasonable period thereafter
- section 86 of the Employment Rights Act 1996
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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