Mrs T Wilson v ABC Distribution Ltd FINAL HEARING — 2023

Mrs T Wilson was employed by ABC Distribution Ltd from 20 November 2006 until her effective date of termination on 30 December 2022. At termination she was aged 53, worked 39 hours per week, earned £526.50 gross per week, and was entitled to 12 weeks' notice. The hearing took place remotely on 8 September 2023 before Employment Judge Shore, with the claimant appearing in person and the respondent not appearing.

The tribunal found the claimant's statutory redundancy payment claim well-founded. It held that she had been dismissed by reason of redundancy and awarded £11,583.00, calculated as 12 weeks at 1.5 times weekly pay plus 4 weeks at one times weekly pay.

The tribunal also upheld the claimant's claims for unauthorised deductions from wages in respect of arrears of pay for 16 to 30 December 2022 and holiday pay, and her breach of contract claim for failure to pay notice pay. It awarded £1,053.00 for arrears, £1,579.50 for holiday pay, and £6,318.00 for notice pay, each subject to tax and national insurance deductions where applicable.

After noting that the claimant raised a grievance on 9 January 2023 and received no response, the tribunal found the respondent in breach of the 2015 ACAS Code of Practice on Disciplinary and Grievance Procedures and said there had been no attempt to comply with the Code. It therefore applied the maximum 25% uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 to the wages and contract awards, adding £263.25, £394.88, and £1,579.50 respectively. The redundancy award was not uplifted.