Claimant v AZ Farms (Riccall) Ltd
Outcome
Individual claims
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The time limit issue was overcome as it was not reasonably practicable to present the claim in time and it was presented within a further reasonable period. The respondent did not attend to defend the claim.
Under section 163 Employment Rights Act 1996, the tribunal determined the claimant was entitled to a redundancy payment. The respondent did not attend to contest the claim and the tribunal was satisfied the claimant met the statutory requirements for redundancy pay.
Facts
The claimant was made redundant by AZ Farms (Riccall) Ltd and brought claims for notice pay and redundancy payment. The claim was presented outside the normal time limit but the tribunal accepted it was not reasonably practicable to present it in time. The respondent did not attend the hearing to defend the claims.
Decision
The tribunal found both claims well-founded. The claimant was awarded £2,307.68 damages for breach of contract (notice pay) calculated on a gross basis to account for likely tax liability on Post Employment Notice Pay, and £1,153.84 statutory redundancy payment. The judge reconsidered the notice pay calculation after the hearing to ensure the gross rather than net figure was awarded.
Practical note
When awarding notice pay as damages for breach of contract, tribunals should consider awarding the gross amount where the claimant is likely to be taxed on it as Post Employment Notice Pay to ensure full compensation.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6020398/2024
- Decision date
- 25 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- No
Claimant representation
- Represented
- No