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 redundancy payment. The statutory calculation resulted in an award of £972.
The tribunal found the complaint of breach of contract in relation to notice pay well-founded. The respondent failed to pay the claimant their contractual notice, calculated as 2 weeks' gross pay at £216 per week.
The tribunal found the complaint in respect of holiday pay well-founded. The respondent made an unauthorised deduction from wages by failing to pay the claimant for one week's holidays accrued but not taken on the date employment ended.
Facts
The claimant's employment with Downs Property Solutions Ltd ended through redundancy. The claimant did not attend the tribunal hearing, which proceeded in her absence. The respondent was represented by two directors. The claimant's weekly gross pay was £216 and she was entitled to 2 weeks' notice.
Decision
The tribunal found all three claims well-founded. The claimant was awarded statutory redundancy pay of £972, notice pay of £432 (grossed up to reflect likely tax treatment as Post Employment Notice Pay), and holiday pay of £216 for one week's accrued but untaken holiday.
Practical note
Even where a claimant does not attend the hearing, if the respondent does not contest the claims, the tribunal can make awards based on the statutory entitlements, with notice pay calculated on a gross basis to reflect tax treatment as Post Employment Notice Pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1306043/2024
- Decision date
- 7 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- self
Employment details
Claimant representation
- Represented
- No