Case 2417546/2020 · Employment Tribunal
Mr C Sawyer Mr J Paxton v Mr Sean Readett as executor of the estate of Mr Michael Readett (trading as Lakes Roofing) (deceased) — 2022
- Case reference
- 2417546/2020
- Decision date
- 21 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Slater
- Venue
- Manchester
Parties
2 namedClaimant
Mr C Sawyer Mr J Paxton
Key findings
Tribunal's reasoningAt the preliminary hearing on 16 February 2022, the issues were narrowed to holiday pay and statutory redundancy pay after the claimants withdrew their unfair dismissal and notice pay claims. The final hearing was held by CVP on 7 November 2022 before Employment Judge Slater sitting alone.
On holiday pay, both claimants accepted that the final payment made on 28 August 2020 included payment for the work done on 25-27 August 2020 and accrued but untaken holiday pay. The tribunal found that the holiday pay had been correctly paid, recorded that this part of the claim was withdrawn, and dismissed it.
On redundancy pay, the tribunal considered the text messages and oral evidence and found that Mr Sawyer resigned on 19 August 2020 and Mr Paxton resigned on 20 August 2020. It accepted Mr Readett's evidence that he wanted both men to continue working for the business, and rejected the suggestion that they had been laid off or dismissed.
Because both claimants resigned before Mr Michael Readett died on 25 August 2020, the tribunal held that neither had been dismissed by reason of redundancy and neither was entitled to a statutory redundancy payment. The redundancy claims were dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The tribunal recorded that both claimants accepted at the hearing that the final payment on 28 August 2020 included the outstanding pay for 25-27 August 2020 and accrued but untaken holiday pay. It noted that the holiday pay claim was withdrawn and dismissed. | Withdrawn | — | — |
| Redundancy | The tribunal found that Mr Sawyer resigned on 19 August 2020 and Mr Paxton resigned on 20 August 2020, before Mr Michael Readett died on 25 August 2020. It held that neither claimant was dismissed by reason of redundancy and therefore neither was entitled to a statutory redundancy payment. | Dismissed | — | — |
Legal tests applied
3 references- Regulations 14 and 16 of the Working Time Regulations 1998
- section 135 Employment Rights Act 1996
- section 139 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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