Mr S Hurst v J & B Nelson Construction Ltd — 2024

The Claimant presented an ET1 on 8 December 2023 claiming a statutory redundancy payment, notice pay and outstanding holiday pay. No response was returned by the Respondent. The tribunal proceeded under rule 21 of the Employment Tribunal Rules of Procedure 2013 on the papers and was satisfied that it had sufficient information to determine the claims.

On 17 January 2024, the tribunal wrote to the Claimant about the notice pay and holiday pay claims. It explained that his employment had ended on 6 June 2023 and that he did not commence early conciliation until 28 November 2023, so the claims did not benefit from an automatic extension and appeared to have been presented out of time. On 18 January 2024, the Claimant withdrew the notice pay and holiday pay claims, and the judgment records those claims as dismissed upon withdrawal.

The tribunal accepted the Claimant's information that he had been employed by the Respondent from 1 March 2012 to 6 June 2023 and had been dismissed by reason of redundancy at the age of 38. It calculated the statutory redundancy payment using weekly gross pay of £520 and 11 years' service, producing a redundancy payment of £5,720. That claim succeeded and the Respondent was ordered to pay that sum.