Mr C Lister v Floricana Limited — 2020

The respondent did not present a response. Mr Lister gave evidence under affirmation. The tribunal found that his employment had transferred from Nuparc Limited to Floricana Ltd around 8 August 2017 under TUPE. It accepted that he was paid £4,166 gross per month, £3,008 net per month, a monthly car allowance of £400.15, and that the respondent had agreed to pay 2.5% of gross salary into his personal pension instead of joining its pension scheme.

The tribunal found that on 9 March 2020 Mr Lister was told by the respondent's financial controller that his position was redundant. It also found that he did not receive notice of termination, that his access to company email stopped in early April 2020, and that on 21 April 2020 he was told he could only get a P45 if he handed in his notice, would not be paid, and would not be furloughed. From those actions the tribunal inferred that the contract had ended by the respondent's conduct around 21 April 2020 and that the reason was redundancy.

The redundancy pay claim succeeded. On the findings made, Mr Lister was 30 years old and had 6 years' service, so he was entitled to 6 weeks' pay subject to the statutory cap of £538 per week. That produced a redundancy payment of £4,166. The claim for unlawful deductions from wages also succeeded, with an award of £8,121. The reasons state that the claimant had not been paid wages for January, February and March 2020, although the calculation given was based on February, March and 21 days of April 2020.

The tribunal also upheld breach of contract claims for notice pay, pension contributions and car allowance. It awarded £5,768.28 for failure to give notice, £3,093.26 for failure to make pension contributions from November 2017 onwards, and £1,080 for failure to pay car allowance for February, March and April 2020. The claim for payment for accrued but untaken annual leave was withdrawn and dismissed under rule 52. No bonus claim was pursued.