Mr T Matthews v W Hedley & Sons Ltd — 2021

Mr T Matthews was employed by W Hedley & Sons Ltd from 10 January 2018 until 1 October 2020, when he was dismissed by reason of redundancy. He presented a claim on 22 December 2020 for a statutory redundancy payment. The respondent filed a late response saying the employer was W Hedley & Sons Ltd, not William Hedley Senior, and that the claim was not defended. The claimant then confirmed the respondent’s identity and the claim form was amended accordingly.

The tribunal proceeded under Rule 21 of the Employment Tribunals Rules of Procedure 2013 on the available material. It was satisfied that it had enough information to determine the claim. The tribunal found that the claim for redundancy payment was presented in time under section 164 Employment Rights Act 1996 and that the claimant was dismissed by reason of redundancy, having regard to the statutory presumption in section 163 ERA 1996, the information in the claim form, and the absence of a defence.

At the date of dismissal the claimant had been continuously employed for more than two years and was 25 years old. His gross weekly wage was £650, capped for redundancy purposes at £538. On that basis the tribunal held that he was entitled to a statutory redundancy payment of £1,076. The hearing listed for 19 March 2021 was cancelled.