Mr D Sullivan v Advanced Marble and Granite UK Ltd (in liquidation) — 2024

The Tribunal found that the Claimant's claim for a statutory redundancy payment under section 163 of the Employment Rights Act 1996 was well-founded and succeeded, and ordered the Respondent to pay £625, representing the shortfall between the £5,626.80 payable and the £5,001.80 already paid. The claim of unfair dismissal also succeeded. The claim for unlawful deduction of wages / notice pay was not well-founded and was dismissed, and the holiday pay claim was dismissed upon withdrawal.

On remedy for unfair dismissal, the Basic Award was reduced to zero under section 122(4) of the Employment Rights Act 1996 by the amount of the statutory redundancy payment. The Tribunal considered it was not just and equitable to make a compensatory award, finding that the Claimant would have been fairly dismissed in any event one week later but would have been entitled to no payment in that period due to his refusal to work during his notice period.

At the date of commencement of proceedings, the Respondent was in breach of section 1 of the Employment Rights Act 1996 (provision of a written statement of particulars of employment), and was ordered to pay the minimum amount of two weeks' pay (£833.60) under section 38(3) of the Employment Act 2002. The total sum ordered to be paid to the Claimant was £1,458.60.