Claimant v Downs Property Solutions Ltd
Outcome
Individual claims
The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a statutory redundancy payment. The claim was well-founded and the tribunal awarded the full amount claimed.
The tribunal found the complaint of breach of contract in relation to notice pay to be well-founded. The respondent failed to provide proper notice or payment in lieu of notice to the claimant.
The claimant withdrew her claim for holiday pay during the hearing and the tribunal dismissed this claim.
Facts
Mrs Poole brought claims against her former employer Downs Property Solutions Ltd for redundancy pay, notice pay, and holiday pay. The case was heard remotely with the claimant representing herself and the respondent company represented by two of its directors. During the hearing, the claimant withdrew her holiday pay claim.
Decision
The tribunal found in favour of the claimant on both her remaining claims. The tribunal determined that she was entitled to statutory redundancy pay of £7,920 and that her complaint of breach of contract for failure to pay notice was well-founded, awarding £3,960. The notice pay was calculated using gross pay to reflect Post Employment Notice Pay tax treatment.
Practical note
Even self-represented claimants can succeed in straightforward redundancy and notice pay claims against employers who fail to meet their basic statutory obligations at termination.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1306042/2024
- Decision date
- 7 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No