In person v Mr Andrew Wainwright, Director — 2022

At the video hearing on 5 October 2022, both claimants and the respondent's director gave oral evidence without documents or pay records. It was not disputed that Toolbox Supply Company Ltd ceased trading on 18 March 2022, that notices of termination were issued on 4 March 2022, and that redundancy was the reason for termination. As both claimants had over two years' continuous service, the tribunal found each was entitled to a statutory redundancy payment.

In relation to holiday pay, the parties agreed that the annual entitlement was 20 days plus eight bank holidays, and that on a pro rata basis six days accrued between 1 January 2022 and 18 March 2022. One bank holiday on 1 January had already been taken and paid for, leaving five days' holiday pay due to each claimant. The first claimant was awarded £573.75 gross and the second claimant £382.50 gross, both subject to statutory deductions.

On notice pay, the tribunal found the first claimant was entitled to nine weeks' notice but had received only two weeks' notice. Using the information available at hearing, it calculated seven weeks' notice at £4,016.25 gross and noted that the first claimant had earned income from his new business during that period, leaving an offset to be applied; the final balance was not fully quantified because a gross figure for the offset was not available. The second claimant was also found to have seven weeks' notice outstanding, but he had started new employment immediately at a higher rate of pay and therefore suffered no compensable loss, so no compensation was awarded for the short notice.