Claimant v Mr A Ruber and Aquarium Management Ltd — 2020

The claimant brought claims for statutory redundancy pay and statutory notice pay following dismissal. The respondents did not file an ET3 and did not attend the hearing. Employment Judge Norris proceeded in their absence. The tribunal accepted the claimant's evidence that he started work on 15 April 1996. It found that the second respondent was not incorporated until 6 April 2000, that a letter dated 12 February 2020 stating he had been employed by the second respondent continuously for 24 years was erroneous, and that because his wages were paid by the second respondent, the second respondent should be added as a party and the respondents held jointly and severally liable.

On the merits, the tribunal found that the claimant was told at a meeting on 12 February 2020 that he was being made redundant and that no dismissal process was followed. Even if 22 January 2020 were taken as the effective date of termination, the judge applied section 97 ERA 1996 and added 12 weeks' statutory notice, producing a deemed EDT of 15 April 2020 and giving the claimant 24 years' service. The claimant was therefore entitled to 12 weeks' notice pay, calculated at £3,156 net (£3,600 gross), and statutory redundancy pay of £8,850. The total ordered to be paid was £12,006 without deduction.