In person For the v Mr M Campbell, Consultant — 2022

Mr Graham Daniels claimed a redundancy payment under the statutory lay-off scheme in sections 148-152 of the Employment Rights Act 1996. The tribunal found that he had been laid off from 1 September 2020, that he sent a notice of intention to claim on 30 September 2020, and that the respondent served a counter-notice. The main disputes were whether he had resigned, whether he had been dismissed, whether there was a reasonable expectation of at least 13 weeks' work within four weeks of the notice, and when the notice was received at the respondent's address.

The tribunal accepted that the claimant's wording in his letters, including that he considered his job redundant and himself redundant, amounted in context to a resignation by 30 September 2020, with his one-month notice period expiring on or about 29 October 2020. It rejected the respondent's contention that the claimant remained an employee, holding that by 8 December 2020 he was no longer employed and therefore could not have been dismissed on that date. The tribunal also treated some of the claimant's conduct, such as attending the disciplinary meeting and asking about work, as inconsistent on its face, but found this was explained by the parties' long working relationship and the claimant's residual sense of obligation.

On section 152, the tribunal found there was no reasonable expectation on 30 September 2020 that the respondent would have at least 13 weeks' employment available for the claimant within four weeks of the notice. It accepted that the respondent's business had been heavily affected by the pandemic and rejected the evidence that meaningful work was genuinely available in October and November 2020 for the length claimed. The tribunal considered the respondent's explanation of cleaning and testing work to be unconvincing and inferred that the work was not available as described.

On timing, the tribunal accepted that the notice was written on 30 September 2020 and that it arrived at the respondent's address by 1 October at the latest, and possibly by 3 October if second-class post had been used. On either calculation, the statutory four-week period had elapsed before the resumption of work on 2 November 2020. The tribunal therefore held that the requirements of sections 148-152 ERA 1996 were made out and awarded the agreed redundancy payment of £10,260 net.