Mrs Wendy Grierson v LLP and 1 other — 2018

Mrs Wendy Grierson worked as a Legal Secretary for Austins (Dalbeattie) LLP from 13 October 2003 until her employment ended on 8 February 2018, when the firm ceased trading and closed. The tribunal found that the employment ended by reason of redundancy because the employer had ceased to carry on the business for which she had been employed.

On the redundancy claim, the tribunal applied s.135, s.139 and s.166 ERA 1996. It accepted that the claimant had taken all reasonable steps to recover payment from the employer, including seeking payment through the Judicial Factor after being told there was no money available, and held that the statutory conditions for a redundancy payment were met. It therefore ordered the second respondent to pay £4,121, calculated as 13 weeks at £317 gross per week.

On notice pay, the tribunal found that the claimant was entitled to 14 weeks' notice under s.86 ERA 1996 but had received none. Because she started alternative employment on 26 February 2018, the tribunal limited the recoverable notice loss to two weeks and awarded £552, calculated using her net weekly pay of £279. It held the first respondent was liable for that payment because it was not insolvent within s.183 ERA 1996, while noting that the claimant could seek payment from the second respondent if the award was not paid.