Mr R Fletcher v Northern Delta Groundworks Ltd (In Voluntary Liquidation) — 2021

Mr R Fletcher brought three claims against Northern Delta Groundworks Ltd (In Voluntary Liquidation): a statutory redundancy payment, unpaid accrued holiday pay, and wrongful dismissal notice pay. The respondent had entered creditors voluntary liquidation on 29 September 2021 and filed no response. The tribunal therefore proceeded under rule 21 of the Employment Tribunals Rules of Procedure on the available material.

The tribunal found that Mr Fletcher had been employed as a groundworker from 26 June 2018 to 2 July 2021. At termination he was paid £507 gross per week, equivalent to £411 net, and had three continuous years of service, all of which were after age 41. His employment ended summarily by WhatsApp message on 2 July 2021, with no prior notice. The tribunal found that he was entitled to three weeks' notice.

On holiday pay, the tribunal found that at the date of dismissal he had accrued six weeks' annual leave, much of it carried over from the previous holiday year because it was not reasonably practicable for him to take annual leave during the effects of coronavirus, including the respondent not paying him in respect of annual leave entitlement. He had already been paid £170 towards outstanding holiday pay at the end of his employment. The tribunal accepted the claim and awarded the balance.

The awards were calculated as follows: statutory redundancy payment of £2,281, unpaid accrued holiday pay of £2,872, and wrongful dismissal damages for notice pay of £1,233. The total amount ordered to be paid to the claimant was £6,386.