Case 1804590/2023 · Employment Tribunal
Mrs A Gregory v Precedent Surveyors Limited Heard via CVP — 2023
- Case reference
- 1804590/2023
- Decision date
- 5 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ayre
Parties
2 namedClaimant
Mrs A Gregory
Key findings
Tribunal's reasoningMrs A Gregory worked for Precedent Surveyors Limited as a Typist / Administrator from 31 May 2012 until 2 June 2023. The respondent did not present a response or attend the hearing, so the matter proceeded undefended on the claimant's evidence. The tribunal accepted that on 2 June 2023 she was told by telephone that her employment was ending because the business was ceasing to trade, and it found that she had 11 years' continuous service, gross annual pay of £18,000, and 17 days' untaken holiday at termination.
The tribunal found that the dismissal was by reason of redundancy because the respondent ceased trading on or around 2 June 2023. Applying section 163 of the Employment Rights Act 1996, and taking account of the claimant's age of 61, her 11 years' service, and gross weekly pay of £346.15, it calculated a statutory redundancy payment of 16.5 weeks' pay, which came to £5,711.48.
The tribunal also found that the claimant was entitled to 11 weeks' notice under section 86 of the Employment Rights Act 1996, producing notice pay of £3,807.65, less any required deductions for tax and national insurance. It found she had accrued 17 days' holiday that had not been taken by the date employment ended, and awarded £1,176.91 gross for holiday pay, also subject to deductions where required.
Finally, the tribunal found that the respondent had made unlawful deductions from wages between November 2022 and June 2023, totalling £4,985.92 net. The judgment ordered payment of each of the sums above, giving a total monetary award of £15,681.96.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unlawful deductions from wages between November 2022 and June 2023 and awarded the net sum of £4,985.92. | Upheld | — | £4,986 |
| Breach of contract | This was notice pay under section 86 of the Employment Rights Act 1996, ordered less such sums as may be required for tax and national insurance contributions. | Upheld | — | £3,808 |
| Holiday pay | The tribunal found 17 days' accrued untaken holiday at termination and ordered payment of £1,176.91 gross, less required deductions. | Upheld | — | £1,177 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and entitled to a statutory redundancy payment under section 163 of the Employment Rights Act 1996. | Upheld | — | £5,711 |
Remedy
Monetary award- Total award
- £15,682
- across all upheld claims
Legal tests applied
2 references- section 163 of the Employment Rights Act 1996
- 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.
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