Mrs L Cryan v Elite Health & Fitness Sunderland Ltd — 2020

Mrs L Cryan was employed by Elite Health & Fitness Sunderland Ltd from 1 October 2010 until 21 December 2019, when her employment ended without notice by reason of redundancy. The claim form sought a redundancy payment and damages for notice pay, and the reasons record that the proceedings were served on the respondent, an extension for response was granted to 14 May 2020, and no response was filed. The tribunal therefore proceeded under Rule 21 of the Employment Tribunals Rules of Procedure 2013 on the available material.

At a telephone preliminary hearing on 12 June 2020, the tribunal discussed the claims and the amounts claimed with the claimant's representative. It found that at dismissal the claimant had 9 complete years' service over the age of 41 and gross weekly pay of £119, which produced a statutory redundancy payment of £1,606.50. It also found that she had accrued 16 days of untaken holiday, calculated the entitlement as 44 hours at £10.82 per hour, and awarded £476.08 under Regulation 30 of the Working Time Regulations.

The tribunal was satisfied that the employment ended by reason of redundancy without notice and without payment of outstanding holiday pay. It therefore upheld the breach of contract complaint for failure to give 9 weeks' notice and awarded damages of £1,071. The total amount ordered to be paid to the claimant was £3,153.58.