Mr DJ Cronin v Flame Heating Spares Ltd (In Administration) and 1 other — 2021

The claimant, Mr DJ Cronin, worked as a driver/warehouse operative from 24 July 2017 until 6 March 2020. The first respondent, Flame Heating Spares Ltd (In Administration), did not present a response. The administrators told the tribunal on 8 December 2020 that the first respondent had never employed the claimant and that he had been employed by FHS Stockton Ltd. The second respondent was later added to the proceedings, but it also did not present a response by the due date, so the tribunal dealt with the matter under rule 21 of the Employment Tribunals Rules of Procedure 2013.

In a response dated 10 March 2021, the claimant accepted that his wages and holiday pay complaints were out of time and said he was content for judgment to be entered in his favour on the statutory redundancy payment claim. The tribunal was satisfied that FHS Stockton Ltd was the correct employer and that the claimant’s employment ended by reason of redundancy. It found that the claimant had been employed for two complete years, that he was aged over 41 for each year worked, and that his gross weekly pay at termination was £349.61. On that basis, the statutory redundancy payment was calculated at £1,048.83.

The judgment therefore dismissed the claims against the first respondent, upheld the statutory redundancy payment claim against the second respondent, and recorded the unlawful deduction of wages claim and the holiday pay complaint as dismissed upon withdrawal.