Mr Cenzig Halil v Westex Ltd — 2020

Mr Cenzig Halil was employed by Westex Ltd as a Print Manager from 1 June 2015 until 19 September 2019, when he was made redundant. The respondent did not enter a defence and had gone into administration, so judgment was entered under Rule 21 on the basis of the claimant's information and documents.

The tribunal found that on 19 September 2019 all 125 staff were called into a boardroom and given letters stating that they were redundant with immediate effect and had one hour to leave. There was no recognised trade union and no worker representatives had been appointed for consultation. The tribunal declared that the respondent had failed to comply with s.188 TULRA 1992 and ordered remuneration under s.189(4) TULRA 1992 for the 90-day period from 19 September 2019 to all employees made redundant on that date.

On the contractual notice claim, the tribunal found that the claimant's terms entitled him to three months' notice and did not contain an express payment-in-lieu-of-notice clause. It accepted that he had obtained new employment from 9 December 2019 and gave credit for earnings received between 9 and 19 December 2019 in the sum of £1,066.45 net. The final damages award for breach of contract was £5,418.38 net. The reasons record the claimant's monthly net pay as £2,161.31 in one place, but the damages calculation uses £2,161.61.