Mr R Cooney v Mr A Calvert and Mr D Johns, acting as Trustees for and on behalf of Roose Conservative Working Mens Club (an unincorporated association) — 2020

By consent, the Respondent admitted liability for the Claimant's notice pay claim and the unpaid holiday pay claim. Judgment was entered for £4,500.00 on the notice pay claim and £1,012.50 on the holiday pay claim, making £5,512.50 in total. That sum was to be paid in monthly instalments of £100.00, with the first instalment due by 31 July 2020 and each later instalment due by the last working day of each month. Interest at 4% per annum was payable on any instalment not paid on time.

The Respondent also admitted that the Claimant had been dismissed by reason of redundancy and that he was entitled to a statutory redundancy payment of £10,170.23. The parties recorded that the Respondents could not pay that sum from their current financial position, so the Claimant was to lodge a claim with the Redundancy Payments Service and the Respondents were to provide an open letter and reasonable assistance.

The judgment provided that if the RPS did not pay for any reason other than a failure by the Claimant to use best endeavours or do the acts reasonably required, and after any legal challenge first pursued where there were reasonable prospects, the redundancy payment would remain due from the Respondents and would be added to the amount owing under the instalment arrangement. The Claimant's claims for unfair dismissal and arrears of pay were withdrawn and, by agreement, dismissed.