Mr Scott Bremner v L-Tec Controls Ltd — 2019

The respondents did not lodge an ET3 response and did not attend the final hearing, so the tribunal proceeded on the claimant's evidence and documents. It accepted the claimant as a credible and reliable witness on the essential facts. The tribunal found that Mr Bremner had been employed by L-Tec Controls Ltd from 20 March 1993 until the effective date of termination on 20 April 2018, that he was working a 40-hour week, and that his final payslip showed gross weekly pay of £828.80 and net weekly pay of £606.59.

On redundancy, the tribunal found that the claimant was dismissed by reason of redundancy when the business ceased trading. Applying the statutory redundancy provisions and the cap on a week's pay, it held that Mr Bremner had more than the required two years' continuous service and was entitled to a redundancy payment of 20.5 weeks at the statutory rate of £508 per week, producing £10,414.

On notice pay, the tribunal held that the claimant was entitled to the statutory maximum of 12 weeks' notice and that the respondents were in breach of contract by not paying it. Damages were assessed on gross weekly pay, giving £9,945.60. On holiday pay, the tribunal treated the claim as one under Regulation 30 of the Working Time Regulations 1998. It accepted that no holiday had been taken or paid for between 1 January 2018 and 20 April 2018, but rejected the claimant's attempt to claim a full year's entitlement and instead awarded £1,031.22 for 8.5 days of accrued but untaken leave using his net weekly pay and the GOV.UK calculator. The total award was £21,390.82, and the tribunal directed that a copy of the judgment be sent to Companies House because of the respondents' pending strike-off application.