Mr S Kennedy v Cook and Turnbull Contractors Ltd — 2023

The respondent did not present a response, so the judgment was issued under Rule 21 of the Employment Tribunals Rules of Procedure 2013 on the available material. The claimant, Mr S Kennedy, had been employed from 11 February 2019 until 5 December 2022, when he was dismissed without notice by reason of redundancy.

The tribunal accepted that, at dismissal, he had three complete years' continuous service and was 40 years old. It found his gross weekly pay was £507, giving a redundancy payment of £1,521. It also found he was entitled to 3 weeks' notice, with a net value of £1,256.67, and that although he obtained alternative employment during the notice period, his net loss remained £536.24.

The tribunal further found that he had accrued 7 days' holiday, had taken 6, and therefore remained entitled to 1 untaken day valued at £101.40 gross. It also found that he had not been paid for his final day of work on 5 December 2022, and that the gross amount properly payable for that day was £101.40.

Judgment was entered for all four complaints: statutory redundancy payment, holiday pay, unlawful deduction from wages, and breach of contract for failure to give notice. The total payable to the claimant was £2,260.04, and the hearing listed for 19 April 2023 was vacated.