Ms R Borr v NESHER Limited — 2023

This was a reconsideration decision under Rules 70-73 of the Employment Tribunal Rules of Procedure 2013. The original Rule 21 judgment had awarded Ms Borr damages for breach of contract in respect of notice pay, a redundancy payment, and damages for unpaid holiday entitlement. Her application for reconsideration was confined to the redundancy payment, which she said had been calculated on five years' continuous service rather than six.

The tribunal applied the approach in Liddington v 2Gether NHS Foundation Trust and considered whether there was any reasonable prospect of the original decision being varied or revoked. It reviewed the claimant's date of birth, the termination date of 2 September 2022, her age at dismissal, her six full years' continuous service, and her weekly pay of £161.50. The tribunal found there had been an error in the calculation recorded in the earlier judgment, but not in the amount awarded.

Applying section 162 of the Employment Rights Act 1996, the tribunal held that Ms Borr had been aged above 22 for three full years of her employment and was entitled to one week's pay for each of those years, amounting to £484.50. The remaining three complete years fell within section 162(2)(c) and attracted half a week's pay each, amounting to £242.25. The correct statutory redundancy payment was therefore £726.75.

The application for reconsideration was refused because there was no reasonable prospect of the original decision being varied or revoked. The tribunal stated that the figure awarded to Ms Borr was correct, and that the document served as a correction to the calculation rather than a change to the award.