Claimant v K&R Confectionery Ltd (in voluntary liquidation) and Secretary of State for Business, Energy and Industrial Strategy — 2023

Mrs C Clementson brought claims against K&R Confectionery Ltd (in voluntary liquidation) and the Secretary of State. The hearing took place by CVP on 7 March 2023 before Employment Judge Shotter. The claim for holiday pay was dismissed on withdrawal.

The tribunal found that the claimant had been dismissed without statutory notice. It held that her wrongful dismissal claim under section 182 of the Employment Rights Act 1996 was well-founded, and that it had jurisdiction because the complaint had not been lodged out of time and, alternatively, because it was not reasonably practicable to lodge it in time. The tribunal awarded £615.09, calculated as four weeks less two days at £165.60 per week net, or £23.66 per day.

The tribunal also found the statutory redundancy payment claim under sections 166 and 170 of the Employment Rights Act 1996 was well-founded. It found that the claimant had, within the six-month period in section 164(1), written to the first respondent, and that within the following six-month extension period she referred to the tribunal the question of her entitlement under section 164(2). The tribunal held that it was just and equitable for a redundancy payment to be made, and awarded £1,242, calculated at 1.5 weeks for four years at £207 gross. The total principal award recorded by the judgment was £1,857.09.