(1) Jamie Thompson; (2) Mark James & (3) Matthew Hewitt First v Composite Fibreglass Mouldings Ltd (in voluntary liquidation) — 2024

The respondent did not attend and was unrepresented. The first and second claimants gave evidence by affirmation and the tribunal found their answers clear and truthful. Both had been employed as fibreglass laminators and were dismissed on 20 December 2023, when the owner told them they were dismissed as redundant with immediate effect and without forewarning. Neither received redundancy pay or notice pay, and each was owed three days of untaken holiday. Their gross weekly wage was £470, with net pay of £378.60. The first claimant, Jamie Thompson, started work on 14 June 2017 and was 45 when dismissed; the second claimant, Mark James, started on 1 February 2018 and was 47 when dismissed.

The tribunal held that the first and second claimants' claims for a redundancy payment, notice pay and holiday pay were well founded and succeeded. It calculated the redundancy payments using the statutory formula. In the absence of contracts of employment, notice periods and pay were calculated by reference to s.86 ERA. Holiday pay was calculated under regulation 14 of the Working Time Regulations.

The first claimant was awarded £6,313.60, made up of £3,760 redundancy payment, £282 holiday pay and £2,271.60 notice pay. The second claimant was awarded £4,616.40, made up of £2,820 redundancy payment, £282 holiday pay and £1,514.40 notice pay. The total awards therefore came to £10,930.40.

The third claimant, Matthew Hewitt, had asked for his claim to be determined in his absence, but the tribunal declined because it needed sworn direct testimony to determine entitlement to a redundancy payment and to confirm his date of birth and dates of employment. The tribunal said he should notify the tribunal if he wished the claim to be determined, and warned that failure to do so might result in strike-out under rule 37(1)(d). It also noted that, because the respondent was insolvent, the claimants may need to apply to the Secretary of State under ss.166/182 ERA for the awards to be met out of the Redundancy Payments Office.