Claimant v Snowdon Transport Limited
Outcome
Individual claims
The tribunal awarded redundancy payment calculated at 7.5 weeks' pay, indicating the claimant succeeded in establishing entitlement to statutory redundancy payment following termination of employment.
The tribunal found the claimant was owed wages for his final week's work up to termination on 26 January 2024, comprising gross salary and night allowances, indicating unlawful deduction of wages.
The tribunal found the claimant was wrongfully dismissed in breach of contract and awarded damages for 3 weeks' notice pay out of 5 weeks' entitlement, with reduction for mitigation through new employment from 19 February 2024.
Facts
The claimant was employed by a transport company and was dismissed on 26 January 2024. He was owed final week's wages including night allowances and was entitled to 5 weeks' notice. He found new employment from 19 February 2024. This was a remedy hearing following earlier liability findings.
Decision
The tribunal awarded redundancy payment of £4,039.80 (7.5 weeks' pay), final week's wages of £638.64, and wrongful dismissal damages of £1,615.92 for 3 weeks' notice (reduced from 5 weeks due to mitigation through new employment).
Practical note
Successful mitigation through new employment can reduce notice pay awards, even where wrongful dismissal is established, with credit given for earnings from the date new employment commenced.
Award breakdown
Case details
- Case number
- 6002162/2024
- Decision date
- 28 January 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No