Ms G Gibson v Selclene — 2020

Ms G Gibson was employed as an office manager from 8 June 2000 until redundancy on 27 September 2019. She worked 22.5 hours per week at £8.75 per hour, was paid monthly gross pay of £858, and also received a variable bonus based on converted telephone enquiries. The respondent told her on 24 June 2019 that the business was closing and gave 13 weeks' notice. He initially calculated redundancy pay at £5,445, then corrected his calculation after including bonus, and paid £5,591.85 as statutory redundancy pay.

The tribunal recorded that the only issue was whether there was any shortfall in redundancy pay. Applying sections 135, 162 and 145 of the Employment Rights Act 1996, it found that the bonus had to be included when calculating gross weekly pay. Using the final three months' figures, the tribunal calculated an average monthly gross figure of £880.33 and a weekly gross figure of £203.15. On the accepted length of service and age bands, the redundancy formula produced an entitlement of £5,586.63.

Because Mr Robertson had already paid £5,591.85, the tribunal found that Ms Gibson had been paid slightly more than the statutory amount due. It therefore held that no further sum was payable and dismissed the redundancy pay claim. The tribunal also dismissed the claim against the second respondent after Mr Robertson confirmed that Selclene was a franchise firm, that he had traded on his own account, and that he was the claimant's former employer.