Mr B Smith v Ormskirk Metal Fabrication Ltd — 2023

The respondent failed to present a valid response on time, and the Employment Judge determined the claim under Rule 21 of the Employment Tribunals Rules of Procedure 2013. The judgment records that the claimant was dismissed in breach of contract in respect of notice. He was entitled to 3 weeks' notice, but he had mitigated his loss for 2 of those weeks, so damages were limited to one week's notice, awarded on a gross basis at £468 because it was likely to be taxed as Post Employment Notice Pay.

The tribunal also found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment of £2,106.00. The figure was calculated on the basis of 1.5 weeks for each complete year of service when the claimant was aged over 40, using 3 years at £468.00 per week.

In addition, the tribunal found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £2,527.20. That sum was calculated at £93.60 per day, derived from £468.00 divided by 5, multiplied by 27 days of unpaid holiday. A separate notice under Article 12 of the Employment Tribunals (Interest) Order 1990 stated that interest is payable at 8% per annum from 10 February 2023 if the sums are not paid within 14 days, but no quantified interest amount was stated in the judgment.