Mr B Marsh v Premier Moving Services — 2019

Employment Judge Elgot sat alone at East London Hearing Centre on 25 November 2019. The respondent, Premier Moving Services, was described as an insolvent partnership and neither respondent appeared nor was represented. The tribunal recorded that the claimant, Mr B Marsh, was dismissed without notice on 13 May 2019 by reason of redundancy, was aged 72 at the effective date of termination, and had 15 complete years of continuous service from 24 September 2003.

The claim for a redundancy payment succeeded. The tribunal held that the claimant was entitled to a statutory redundancy payment, calculated at 20 weeks' pay at the statutory maximum of £150 per week, producing an award of £3,000. The breach of contract claim also succeeded, but only in respect of the failure to pay notice pay. The tribunal awarded 12 weeks' notice pay at £150 per week, totalling £1,800.

The claim for accrued and unpaid holiday pay succeeded. The tribunal found that no paid leave had been taken in the holiday year commencing 1 January 2019, and calculated entitlement pro rata for the period from 1 January 2019 to 13 May 2019 at 7 days paid annual leave, valued at £150. The grand total payable within 28 days was £4,950, made up of £3,000 redundancy pay, £1,800 notice pay, and £150 holiday pay.