Mr P Spence v HS Linwood & Sons Limited — 2022

The claimant, Mr P Spence, brought claims for redundancy pay, notice pay and pay in lieu of holiday pay against HS Linwood & Sons Limited. The respondent did not attend the final hearing or provide representation, and the tribunal proceeded in its absence under rule 47 after considering the available information and the efforts made to contact it.

The tribunal accepted the claimant's evidence that he had worked for the respondent for 42 years as a fishmonger, had been placed on furlough from March 2020, and was told that his employment would end. It found that the circumstances amounted to redundancy within ERA 1996 s.139 and that the respondent was liable to pay a statutory redundancy payment under s.135. Using the claimant's age, length of service and weekly pay of £400.38, the tribunal calculated the redundancy payment at £11,611.02 gross.

On notice, the tribunal found that the claimant was entitled to 12 weeks' notice under ERA 1996 s.86 because he had more than 12 years' service. As no notice had been given, the respondent was liable in damages for breach of contract, and the tribunal awarded 12 weeks' pay in lieu of notice, being £4,804.56 gross.

On holiday, the tribunal accepted that the claimant was entitled to the statutory minimum under the Working Time Regulations 1998, including paid annual leave and bank holidays, and to a payment in lieu of accrued but untaken leave on termination under reg. 14. It found that he had not taken leave during the relevant period and calculated holiday pay at the daily rate derived from his weekly pay, resulting in an award of £3,923.92 gross. The total judgment sum was £20,339.50 gross.