Shane Lawson v GServe Limited — 2020

The Respondent did not file an ET3 within the time limit, so the tribunal dealt with the matter under Rule 21 after considering the ET1 and the information given at a telephone preliminary hearing on 27 April 2020. The only claim determined in the judgment was the Claimant’s claim for a redundancy payment under section 165 of the Employment Rights Act 1996.

The tribunal found that the redundancy payment claim was well founded and calculated the award at £2,362.50. It recorded that the dismissal date was 31 May 2019, that the statutory cap on a week’s pay for redundancy purposes was £525, that the Claimant’s gross weekly pay exceeded that cap, that he was over 41 throughout his employment, and that he had three full continuous years of service. On that basis, the tribunal calculated the award as 3 x 1.5 x £525.

The judgment states that the recoupment regulations do not apply to the award. It also states that the Claimant’s claims for notice pay and holiday pay are not affected by the judgment, so those claims were not determined by this decision.