Mr Russell Blakelock v Fairstern Ltd — 2020

Mr Russell Blakelock claimed statutory redundancy pay and notice pay after his dismissal on 24 February 2020. The respondent did not attend or respond. Employment Judge Smailes amended the respondent to Fairstern Ltd, finding that Mr Biffa had notice of the proceedings and that Fairstern Ltd remained the claimant's employer, with Smartspace Automation treated as a trading name.

The tribunal found that the claimant had been employed from 1 September 2011 to 24 February 2020 as a project manager/installer, that his gross salary at termination was £2,560 per calendar month, and that he was dismissed when told the business was closing because the respondent was insolvent. The claimant was 39 years old and had 8 complete years of service. The tribunal accepted that he was dismissed by reason of redundancy within section 139(1) ERA 1996.

Applying section 162 ERA 1996, the tribunal held that the claimant was entitled to 8 weeks' redundancy pay at the statutory capped weekly rate of £520, producing a redundancy payment of £4,200. The tribunal also found that he was dismissed without notice and, under section 86(1)(b) ERA 1996, was entitled to 8 weeks' notice pay. Damages for breach of contract were calculated using the claimant's gross weekly pay of £590.76, producing £4,726.08.