Mr M Birchall v Cook and Turnbull Contractors Ltd — 2023

Mr M Birchall was employed by Cook and Turnbull Contractors Ltd from 12 June 2017 until 5 December 2022, when he was dismissed without notice by reason of redundancy. He presented a claim on 22 January 2023 for a redundancy payment, notice pay and outstanding holiday pay. The respondent did not present a response, and the tribunal proceeded under rule 21 of the Employment Tribunals Rules of Procedure 2013 on the material available.

The tribunal was satisfied that it had enough information to determine the claims. At the date of dismissal, the claimant had 5 complete years' continuous service and was 66 years old. His gross weekly pay was found to be £546 and his net weekly pay £484. On that basis, the tribunal held that he was entitled to a statutory redundancy payment of £4,095, calculated as £546 x 1.5 x 5.

The tribunal also found that the claimant had accrued 7 days' untaken holiday at the date of dismissal, equivalent to £764.40, using a daily rate of £109.20. In relation to notice, the tribunal accepted that he was entitled to 5 weeks' notice and awarded £2,420 in damages for the failure to give that notice. The total amount ordered to be paid was £7,279.40, and the hearing listed for 19 April 2023 was vacated.