Mr B Bailey v Regent Decorators Limited — 2022

The claimant presented his ET1 on 20 May 2022. The tribunal sent the claim to Regent Decorators Limited on 27 May 2022 and the respondent did not file a response by 24 June 2022. The judgment was therefore entered without a hearing under Rule 21 of the Employment Tribunals Rules of Procedure 2013, on the basis of the information provided by the claimant.

The tribunal recorded that Mr B Bailey was employed from 1 June 2004 to 28 April 2022 and was earning £460 gross per week. He was 57 years old when his employment ended. For the redundancy payment, the tribunal applied the statutory calculation under sections 148 and 162 of the Employment Rights Act 1996 and found that he was entitled to 3 years at £460 and 16 years at 1.5 times £460, producing a redundancy payment of £12,420.

The tribunal also found that the claimant was entitled to 12 weeks' notice, which had not been paid. Notice pay was calculated at £460 per week for 12 weeks, giving £5,520 gross. The judgment therefore made a total award of £17,940, comprising £12,420 redundancy pay and £5,520 notice pay, with the notice pay expressed as a gross award subject to tax and national insurance.