Mr Gary Herrick v Caldera Construction Ltd — 2023

The respondent did not comply with tribunal directions, did not attend the final hearing, and could not be contacted on the telephone numbers supplied. The tribunal decided it was in the interests of justice to proceed in the respondent's absence under rule 47 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, and heard evidence from the claimant, Mr Gary Herrick.

The tribunal upheld Mr Herrick's claim for a statutory redundancy payment under sections 135 and 163 of the Employment Rights Act 1996. It found that he had 5 years' continuous service and that throughout that period he was over the age of 41. Because his gross weekly pay exceeded the statutory maximum, the tribunal used £571.00 as the weekly pay figure for the calculation.

On that basis, the redundancy payment was calculated as 5 x 1.5 x £571.00, producing an award of £4,282.50. The tribunal ordered Caldera Construction Limited to pay that sum to the claimant.

The claimant's separate claim for accrued but untaken holiday under regulation 30 of the Working Time Regulations 1998 was dismissed. No additional monetary award was made for that claim.