in person For the v Respondent — 2020

The claim form presented on 20 September 2019 included a claim for underpayment of notice. The claimant said he had been employed from 2003 until 29 July 2019, that he was entitled to 12 weeks' notice under the statutory minimum, and that he had been paid only 4 weeks' notice. The respondent's responses did not admit the claim and said it was investigating what had been paid.

At the preliminary hearing on 17 March 2020, Employment Judge Goodman recorded that the respondent still had no instructions on the notice-pay issue. The tribunal therefore made an unless order requiring the respondent by 31 March 2020 to set out any defence to the contract claim. On the information available in the claim form, the judge calculated 8 weeks' notice pay using the stated take-home pay of £2,336 per month, equivalent to £538.08 per week, producing £4,312.61.

The judge noted that notice pay is taxable and would ordinarily be awarded on the gross sum, and provided that if the judgment became effective and either side wished the amount reconsidered on the basis of gross pay, application should be made by 14 April 2020. The same hearing also case-managed the pending unfair dismissal, disability discrimination, harassment and reasonable adjustments claims, with directions for further information, disclosure, medical evidence on dyslexia, a schedule of loss, a single joint bundle and witness statements ahead of the final hearing listed for 14 July 2020.