Mr Anthony Wilson v Robb’s Shoe Services Limited — 2020

The claimant presented his ET1 on 1 November 2019. The respondent did not file an ET3 by the deadline, though a late ET3 and explanation were received on 16 December 2019; the respondent indicated that it did not defend the claim and would not attend the hearing listed for 8 January 2020. The judgment was therefore dealt with under Rule 21.

The claimant wrote to the tribunal on 17 December 2019 saying he wished to retract his holiday pay claim, and confirmed on 18 December 2019 that it was not being pursued. The tribunal accordingly dismissed the holiday pay claim upon withdrawal by the claimant.

On the redundancy payment issue, the tribunal recorded that the claimant's gross weekly salary was £310 and that he had completed 19 years of service at the date of dismissal. It also recorded that he was aged 63 at the effective date of termination and that he agreed he was entitled to a statutory redundancy payment calculated at £310 multiplied by 28.5 weeks, producing £8,835.00.

The tribunal held that the redundancy payment claim was well-founded and awarded £8,835.00. It also stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply.