Case 3201629/2019 · Employment Tribunal
1. Mr A Parry 2. Mr R Gabriel 3.Mr S Gabriel v Listrel Ltd — 2019
- Case reference
- 3201629/2019
- Decision date
- 15 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Burgher
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
1. Mr A Parry 2. Mr R Gabriel 3.Mr S Gabriel
Respondent
Key findings
Tribunal's reasoningThe tribunal heard evidence from all three claimants and reviewed their payslips and contracts of employment. It found that Mr A Parry, Mr R Gabriel and Mr S Gabriel were all made redundant on 28 February 2019 without notice. The respondent later went through a voluntary strike off on 5 November 2019, and the reasons given to the Redundancy Payments Office were that the business could not afford to remain trading, including because of a downturn in business, unpaid debts, and the cost of a £32,000 liquidity bond said to be needed to continue operating in London after the introduction of ultra-low emissions zones.
For Mr A Parry, the tribunal found 14 years' continuous service from 16 August 2004 and weekly pay of £300 at age 54. It held that he was entitled to redundancy pay based on 20.5 weeks' pay, amounting to £6,150, together with 12 weeks' notice pay of £3,600 and 1 week's accrued holiday pay of £300. His total award was £10,050.
For Mr R Gabriel, the tribunal found 22 years' continuous service from 15 April 1996 and weekly pay of £300 at age 58. It held that he was entitled to redundancy pay based on 28.5 weeks' pay, amounting to £8,550, together with 12 weeks' notice pay of £3,600 and 1 week's accrued holiday pay of £300. His total award was £12,450. For Mr S Gabriel, the tribunal found 22 years' continuous service and weekly pay of £300 at age 55. It held that he was entitled to redundancy pay based on 27 weeks' pay, amounting to £8,100, together with 12 weeks' notice pay of £3,600 and 1 week's accrued holiday pay of £300. His total award was £12,000. The tribunal recorded that the respondent had been struck off the Companies Register and that the sums would fall to be paid by the Redundancy Payments Office.
Claims and outcomes
9 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Mr A Parry: redundancy payment claim succeeded; tribunal found 14 years' continuous service, age 54, weekly pay of £300, and awarded redundancy pay based on 20.5 weeks' pay. | Upheld | — | £6,150 |
| Breach of contract | Mr A Parry: notice payment claim succeeded; tribunal awarded 12 weeks' notice pay. | Upheld | — | £3,600 |
| Holiday pay | Mr A Parry: accrued holiday pay claim succeeded; tribunal awarded 1 week's accrued holiday pay. | Upheld | — | £300 |
| Redundancy | Mr R Gabriel: redundancy payment claim succeeded; tribunal found 22 years' continuous service, age 58, weekly pay of £300, and awarded redundancy pay based on 28.5 weeks' pay. | Upheld | — | £8,550 |
| Breach of contract | Mr R Gabriel: notice payment claim succeeded; tribunal awarded 12 weeks' notice pay. | Upheld | — | £3,600 |
| Holiday pay | Mr R Gabriel: accrued holiday pay claim succeeded; tribunal awarded 1 week's accrued holiday pay. | Upheld | — | £300 |
| Redundancy | Mr S Gabriel: redundancy payment claim succeeded; tribunal found 22 years' continuous service, age 55, weekly pay of £300, and awarded redundancy pay based on 27 weeks' pay. |
Remedy
Monetary award- Total award
- £34,500
- across all upheld claims
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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