Mrs C Luckock v Ardeigh House Community Association — 2023

Mrs C Luckock had 21 years' continuous service and was 78 when her employment ended on 26 January 2022. The tribunal found that she was dismissed by reason of redundancy. It accepted that her normal week's pay was £133.65, based on average hours of 15 per week, and that on termination she was entitled to notice pay, a statutory redundancy payment and accrued holiday pay.

The claims for notice pay, statutory redundancy payment and holiday pay succeeded. The tribunal ordered £1,603.80 for notice pay, £4,009.50 for statutory redundancy pay, and £400.95 for holiday pay. The unfair dismissal claim also succeeded, but the tribunal found there was a genuine redundancy situation and that, had a fair procedure been followed, the claimant would have been fairly dismissed in any event. Because a statutory redundancy payment was already awarded, the basic award was reduced to nil under section 122(4) Employment Rights Act 1996, and no compensatory award was made.

The direct age discrimination claim succeeded only in part. The tribunal found discrimination in the respondent's failure to contact the claimant about the decision to close the kitchen/snack bar, its failure to pay a redundancy payment, and expecting the claimant not to make a fuss. It did not find that the decision to close the kitchen/snack bar and make the claimant redundant was itself direct age discrimination.

For the age discrimination findings, the tribunal awarded £5,000 for injury to feelings and interest of £385.75 at 8% for 352 days. It awarded no compensation for financial loss because the dismissal decision was not found to be discriminatory. The total amount awarded was £11,400.