Case 3204203/2022 · Employment Tribunal
Mr Kieran Hart v Abee Asbestos Removal Ltd — 2022
- Case reference
- 3204203/2022
- Decision date
- 10 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge John Crosfill
Parties
2 namedClaimant
Mr Kieran Hart
Respondent
Key findings
Tribunal's reasoningThe tribunal heard evidence from Mr Kieran Hart and recorded that the respondent admitted the claims but refused payment on the basis of impecuniosity. It held that the claimant's redundancy payment claim under section 163 of the Employment Rights Act 1996 was well founded. The tribunal found that the claimant's employment ran from 4 June 2018 to 27 June 2022, giving 3 years of continuous employment, and that he was over 22 and under 41 during that period. Using weekly gross pay of £986 and the statutory cap of £571, it calculated a redundancy payment of £1,713.
The tribunal also upheld the claim for notice pay brought under the Employment Tribunals (Extension of Jurisdiction) Order 1994. It found that the claimant was entitled to 3 weeks' notice, had been given no notice and no pay in lieu of notice, and therefore suffered loss equal to 3 weeks' gross pay. That was calculated at £2,958.
Finally, the tribunal upheld the claim for accrued but untaken holiday under regulations 14 and 30 of the Working Time Regulations 1998. It found that the claimant had accrued but not taken 8 days of annual leave, equivalent to 1.6 weeks, and calculated the holiday pay due at £1,577.60. The tribunal ordered the respondent to pay £1,713.00, £2,958.00 and £1,577.60, making a total award of £6,248.60.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Claim succeeded under section 163 ERA 1996. The tribunal found 3 years of continuous employment, used the statutory cap of £571 on weekly pay, and applied an age factor of 1. | Upheld | — | £1,713 |
| Breach of contract | Notice pay claim succeeded under the Employment Tribunals (Extension of Jurisdiction) Order 1994. The claimant was entitled to 3 weeks' notice and had received neither notice nor pay in lieu. | Upheld | — | £2,958 |
| Holiday pay | Claim succeeded for accrued but untaken holiday under regulations 14 and 30 of the Working Time Regulations 1998. The tribunal found 8 days of annual leave accrued and untaken, equivalent to 1.6 weeks. | Upheld | — | £1,578 |
Remedy
Monetary award- Total award
- £6,249
- across all upheld claims
Legal tests applied
3 references- section 163 of the Employment Rights Act 1996
- Employment Tribunals (Extension of Jurisdiction) Order 1994
- regulations 14 and 30 of the Working Time Regulations 1998
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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