Claimant v Papa Ninos Limited
Outcome
Individual claims
The tribunal found the claimant was dismissed by reason of redundancy. The dismissal was unfair despite the genuine redundancy situation.
The tribunal found the respondent failed to pay the claimant notice pay to which he was contractually entitled. The claimant was awarded damages for this breach.
Under section 163 of the Employment Rights Act 1996, the tribunal determined the claimant was entitled to a statutory redundancy payment following his dismissal by reason of redundancy.
Facts
Sir Justin Burrows was employed by Papa Ninos Limited, a hospitality business. He was dismissed by reason of redundancy. The respondent failed to pay him his statutory redundancy payment or notice pay upon termination. He brought claims for unfair dismissal, redundancy pay, and breach of contract relating to notice.
Decision
The tribunal found all claims well-founded. The claimant was unfairly dismissed despite the genuine redundancy. He was awarded statutory redundancy pay of £6,864, notice pay of £1,408, and £500 for loss of statutory rights, totalling £8,772.
Practical note
Even where a genuine redundancy exists, an employer must still follow fair procedures and pay all statutory entitlements including redundancy and notice pay to avoid unfair dismissal findings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007121/2024
- Decision date
- 1 July 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No