Claimant v Cheriton Odd Fellows Social Club
Outcome
Individual claims
The tribunal determined that the claimant's employment ended by reason of redundancy. The claimant was entitled to a statutory redundancy payment calculated at £495 weekly gross pay multiplied by 1.5 multiplied by 20 years service. The tribunal also determined that the claimant had taken all reasonable steps to recover the payment from the employer and the employer had refused or failed to pay it, satisfying the conditions under section 166(1)(a) ERA 1996 for the Secretary of State to make the payment.
Facts
Ms Tyrie was employed by Cheriton Odd Fellows Social Club for 20 years at a weekly gross pay of £495. Her employment ended by reason of redundancy. The employer refused or failed to pay her statutory redundancy payment. The claimant took all reasonable steps to recover the payment from the employer, leading her to bring a claim against both the employer and the Secretary of State for Business and Trade.
Decision
The tribunal determined that the claimant was entitled to a statutory redundancy payment of £14,850, calculated as £495 weekly pay multiplied by 1.5 multiplied by 20 years service. The tribunal also found that the claimant had taken all reasonable steps to recover the payment from her employer and the employer had refused or failed to pay, enabling the Secretary of State to make the payment under section 166(1)(a) ERA 1996.
Practical note
When an employer is insolvent or refuses to pay statutory redundancy, employees must demonstrate they have taken reasonable steps to recover the payment before the Secretary of State becomes liable under the insolvency provisions.
Award breakdown
Award equivalent: 30.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 23003331/2024
- Decision date
- 23 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
- Salary band
- £25,000–£30,000
- Service
- 20 years
Claimant representation
- Represented
- No