Mr L S Phythian v Alan Stuart Engineering Limited — 2022

The respondent failed to present a valid response on time, so the Employment Judge made a determination under rule 21 of the Employment Tribunals Rules of Procedure 2013. On the papers, the tribunal found that the claimant had been dismissed in breach of contract in respect of notice, was dismissed by reason of redundancy, and had not been paid his holiday entitlement.

The breach of contract finding resulted in a gross award of £4,181.52, described as statutory notice of 12 weeks at £348.46 per week. The redundancy claim succeeded in the sum of £6,272.28, calculated as 18 weeks at £348.46, with the judgment recording that one week’s pay was allowed for each complete year of service when the claimant was aged between 22 and 40. The holiday pay claim succeeded in the sum of £975.80 gross, calculated as £69.70 per day for 14 days.

The judgment also included the standard notice about interest under the Employment Tribunals (Interest) Order 1990, stating that the relevant decision day was 12 July 2022, the calculation day was 13 July 2022, and the stipulated rate of interest was 8%. No separate interest amount was calculated in the judgment. The hearing listed for 26 August 2022 was cancelled.