Claimant v Jackie Roper t/a Little Clovers Day Nursery
Outcome
Individual claims
Both claimants were dismissed by reason of redundancy. The tribunal made a determination under rule 22 without a hearing, as the respondent did not participate. Mrs Proctor received 13 years redundancy payment, Miss Harrison received 17 years redundancy payment, both calculated at the statutory cap of £700 per week.
The claimants confirmed that payment of damages for breach of contract has been agreed between the parties, therefore no determination or award was made by the tribunal.
Facts
Two claimants, Mrs J Proctor and Miss A Harrison, were dismissed by reason of redundancy from Little Clovers Day Nursery. Mrs Proctor had 13 years of service and was aged 41 or older throughout. Miss Harrison had 17 years of service, with 3 years when aged 22-41 and 14 years when aged 41 or older. The respondent did not participate in the proceedings. The claimants also brought breach of contract claims which were settled between the parties.
Decision
The Employment Judge determined the claims under rule 22 (default judgment procedure) without a hearing. Both redundancy claims succeeded. Mrs Proctor was awarded £13,650 statutory redundancy payment and Miss Harrison was awarded £16,800, both calculated at the statutory cap of £700 per week. No award was made for breach of contract as the parties had agreed settlement.
Practical note
Rule 22 allows tribunals to make determinations without a hearing where the respondent fails to participate, and statutory redundancy payments are calculated using the statutory cap with different multipliers based on age and length of service.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2400422/2025
- Decision date
- 10 October 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No