Mr S Lowcock v Perry’s Produce Limited — 2019

The tribunal at Liverpool, before Employment Judge Shotter, found that Mr S Lowcock had been dismissed by way of redundancy and that his claim for a statutory redundancy payment was well-founded. The order was for £1,130.40 gross, based on 3 years at £376.80 gross, and the judgment recorded that the claimant was aged 41 at the effective date of termination.

The judgment also dealt with a wrongful dismissal complaint. It noted that the effective date of termination was 30 November 2018, that ACAS Conciliation took place between 21 February and 21 March 2019, and that the claim form was received by the tribunal on 27 April 2019, outside the ordinary 3-month time limit. The tribunal was satisfied that it was not reasonably practicable for the complaint to be presented within that period and that it was presented within such further period as the tribunal considered reasonable.

On that basis, the tribunal held that the claimant had been dismissed in breach of contract and that the wrongful dismissal claim was well-founded. It awarded £996.99 net by way of unpaid notice pay, calculated as 3 x £332.33. The judgment also included the tribunal office notice on interest, stating the relevant decision day as 30 August 2019 and the stipulated rate as 8%, but no separate interest amount was assessed in the judgment itself.