Nigel Stanley Kathleen Hunter v Stratsmore Investments Limited — 2021

The First Claimant, Nigel Stanley Kathleen Hunter, worked for Stratsmore Investments Limited from 24 April 2014 to 15 September 2020 as a Bar Manager on 34 hours a week. During the COVID-19 period he was placed on furlough, was told on 12 August 2020 to prepare for reopening on 24 August 2020, and then received a letter on 15 September 2020, dated 1 September 2020 and posted on 14 September 2020, stating that he was being made redundant with immediate effect. The tribunal found there was a genuine redundancy situation and that redundancy was the reason for dismissal.

Applying sections 94 and 98 ERA 1996, the tribunal held that the dismissal procedure was plainly unfair because the claimant was told of the redundancy only when the dismissal letter arrived, without prior notice of the redundancy situation. It therefore upheld the unfair dismissal claim. The tribunal also held that, because the claimant had six years' service and received no notice, the respondent was in breach of contract in respect of 6 weeks' notice pay.

The tribunal found that the claimant was entitled to 9 weeks' redundancy pay, but no separate award was made for that head because it was covered by the basic award. It also found 4 days' untaken holiday and 28 unpaid hours of work, together with 2 weeks' furlough pay, and awarded holiday pay of £213.60 and arrears of wages of £753.88. For unfair dismissal, the tribunal awarded a basic award of £2,403 and a compensatory award of £500, giving £2,903 for that claim and a total award of £5,472.48 overall. The Second Claimant's claim was postponed because the version of the ET1 before the tribunal did not contain enough information to determine it.