Mr N Selimi v Bakproco Ltd — 2020

The tribunal found that Mr Selimi had been employed by Bakproco Ltd from 4 April 2004 at the latest and that, after discussions in July 2020 about redundancy, he was dismissed without notice on 31 July 2020. It rejected the respondent's case that the enhanced redundancy sum included pay in lieu of notice, relying on the contemporaneous letters of 31 July, 7 August and 11 August 2020, which treated redundancy pay and notice pay as separate items, and on the claimant's evidence that he had been told he would receive an enhanced redundancy payment of about £20,000 plus notice pay. Applying section 86 ERA, the tribunal held that reasonable notice in the circumstances was 12 weeks and awarded damages for breach of contract.

The respondent accepted that the claimant had never been given a written statement of employment particulars. The tribunal considered it just and equitable to award the maximum additional four weeks' pay under section 38 Employment Act 2002 because the respondent knew of the requirement, had a standard document for other employees, and there was no reason to treat the claimant differently. The formal judgment order awarded £9,183.48 for the notice claim and £2,152.00 under section 38, giving a total award of £11,335.48.