Mr K Stephenson v Acorn Sheetmetal Limited AT A HEARING — 2022

The Respondent's Response was due on 4 July 2022 but was submitted late on 8 July 2022 and was not accepted under rule 21. The hearing on 5 August 2022 at Hull proceeded in the Respondent's absence under rule 47, with evidence from Mr K Stephenson only. On that evidence, the tribunal found that the Claimant had been dismissed by reason of redundancy on 23 March 2022.

The tribunal held that the Claimant was entitled to a statutory redundancy payment. It calculated the award on the basis of 14 years' service, referring to presumed service under section 210(5) and actual continuous employment, and applying section 97(2) of the Employment Rights Act 1996. The redundancy payment awarded was £10,122.84.

The tribunal also found that the Claimant had been wrongfully dismissed in breach of his contractual and statutory right to 12 weeks' notice, and awarded £5,784.48 gross in lieu of notice. It further found an unauthorised deduction from wages because he had not been paid for 21 to 23 March 2022 at the temporarily reduced rate applied during lay-off, and awarded £90 gross for those three days. The total ordered to be paid was £15,997.32.