In Person v Respondent — 2020

The claimant had worked for the business and its predecessor from March 1998 as an engineer on fork lift trucks. The tribunal found that the respondent's purchase of assets from ACF Group Solutions Limited and its taking on of the claimant and Mr Dixon amounted to a transfer of a part of a business under the Transfer of Undertakings (Protection of Employment) Regulations 2006. On that basis, the claimant's continuity of service extended back to 3 March 1998.

The tribunal accepted that the respondent later needed to reduce staff and that, in the circumstances, the redundancy process was fair. It described the respondent as a micro-business and found that either Mr Dixon or the claimant had to go. The tribunal also recorded that Mr Dixon still held an LGV licence, whereas the claimant had lost his because of age, and it concluded that the decision to make the claimant redundant was fair and reasonable. The unfair dismissal claim was therefore dismissed.

The tribunal found that the claimant was entitled to 12 weeks' notice rather than the two weeks provided for in the contract. Using average net earnings of £295.45 over the relevant period, it calculated notice pay at £3,545.40, then credited £1,545.90 already paid. The dispositive section ordered the respondent to pay the further sum of £1,999.51 without deduction, although the reasons also refer to £1,999.50.

On redundancy pay, the tribunal held that the claimant was entitled to 30 weeks' statutory redundancy pay in light of his age and 21 years' continuous service. Using an average gross weekly pay of £397.58, it calculated the redundancy payment at £11,927.50.