Cases6016483/2024

Claimant v Magic Media Works Limited

2 April 2025Before Employment Judge CawthrayLondon Southremote video

Outcome

Claimant succeeds£17,320

Individual claims

Redundancy Paysucceeded

The tribunal found the claimant was entitled to statutory redundancy payment. The respondent was ordered to pay the full amount claimed of £2,100.00, indicating the dismissal was by reason of redundancy and the claimant met the qualifying criteria.

Breach of Contractsucceeded

The tribunal found the respondent breached the contract by failing to pay contractual redundancy entitlement of £1,716.00. This was a separate contractual obligation beyond the statutory redundancy payment, which the respondent failed to honour.

Wrongful Dismissalsucceeded

The tribunal found the respondent dismissed the claimant without providing the full contractual notice period. The award of £11,024.00 represents damages for this breach, calculated as pay in lieu of notice for the period the claimant should have worked or been paid for.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent failed to pay the claimant for accrued but untaken annual leave upon termination of employment. This constituted an unauthorised deduction from wages under the Employment Rights Act 1996, requiring payment of £2,480.00.

Facts

Mr Engl was made redundant by Magic Media Works Limited. Upon termination, the respondent failed to make multiple payments: statutory redundancy pay, contractual redundancy pay beyond the statutory amount, full notice pay, and payment for accrued but untaken holiday. The claimant brought claims for these unpaid sums.

Decision

The tribunal found in favour of the claimant on all claims. The respondent was ordered to pay statutory redundancy (£2,100), contractual redundancy (£1,716), notice pay (£11,024), and holiday pay (£2,480), totalling £17,320. All amounts were awarded gross with the respondent entitled to deduct tax and NI from the holiday pay.

Practical note

Employers must ensure all statutory and contractual payments are made on termination, including statutory and enhanced redundancy payments, full notice pay, and accrued holiday pay, or face multiple successful tribunal claims.

Award breakdown

Notice pay£11,024
Holiday pay£2,480
Redundancy pay£2,100

Legal authorities cited

Statutes

Employment Rights Act 1996

Case details

Case number
6016483/2024
Decision date
2 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
media
Represented
Yes
Rep type
in house

Claimant representation

Represented
No