Claimant v J & B Nelson Construction Ltd — 2024

The case concerned three claimants, Mr Thomas Nelson, Mr James A Nelson and Mr Adrian RW Bailey, against J and B Nelson Construction Limited. The tribunal, sitting before Employment Judge Langridge, dealt with claims for notice pay and redundancy payment. The respondent did not appear, and the judgment was signed on 14 February 2024.

On notice pay, the tribunal found that each claimant was entitled to 12 weeks' notice under section 86 Employment Rights Act 1996 when their employment was terminated without notice on 5 June 2023. The complaints of breach of contract in relation to notice pay were therefore well-founded. The tribunal awarded damages using gross pay to reflect the likelihood that the claimants would have to pay tax on the sums as Post Employment Notice Pay.

On redundancy payment, the tribunal determined under section 163 Employment Rights Act 1996 that each claimant was entitled to a redundancy payment. The judgment records the sums separately for each claimant: Thomas Nelson £10,931, James Nelson £12,217, and Adrian Bailey £8,037.50. The judgment states that these payments are not subject to deduction of tax.

The total awards recorded in the judgment were £9,000, £10,380 and £7,800 for notice pay, and £10,931, £12,217 and £8,037.50 for redundancy payment. The combined total is £58,365.50.