Ms S Clough v Prosperity Capital Partners Ltd. — 2022

This was a Rule 21 judgment because the respondent did not present a valid response within the prescribed time. Employment Judge Holmes recorded that the claimant, Ms S Clough, was dismissed by reason of redundancy and was entitled to a redundancy payment. The tribunal found that she had 5 years' service, all above the age of 41, and that she had been paid in excess of the capped weekly amount of £544, so her redundancy payment was 7.5 weeks at £544, totalling £4,080.

The tribunal also found that the respondent, in breach of contract, failed to pay the claimant 5 weeks' notice pay. The award for that claim was £3,846.15, ordered to be paid less deductions for tax and national insurance, which the respondent was required to account for to HMRC.

A further complaint for failure to pay an amount due under regulation 14(2) or regulation 16(1) of the Working Time Regulations 1998 was held to be well-founded. The tribunal ordered payment of £4,015.38, described as the amount notified in the claimant's final payslip, again subject to deductions for tax and national insurance. The combined monetary awards in the judgment total £11,941.53 before any tax and national insurance deductions.