Cases2301425/2023

Claimant v Old Town Playgroup

9 January 2024Before Employment Judge RahmanLondon Southremote video

Outcome

Partly successful£4,572

Individual claims

Breach of Contractfailed

The claimant's claim for notice pay was dismissed by the tribunal. Without written reasons, the tribunal must have found either that the claimant was not entitled to notice pay or that proper notice was given during the dismissal process.

Holiday Payfailed

The tribunal dismissed the holiday pay claim. This indicates the tribunal found either that all holiday entitlement had been paid, or that the claimant had no outstanding holiday entitlement at the point of termination.

Redundancy Paysucceeded

The tribunal found the claimant was entitled to a statutory redundancy payment of £4,572 under section 163 Employment Rights Act 1996. This indicates the tribunal was satisfied that the claimant had been dismissed by reason of redundancy and met the qualifying criteria for a redundancy payment.

Facts

Mrs Singh was employed by Old Town Playgroup and was dismissed by reason of redundancy. She brought claims for notice pay, holiday pay and a statutory redundancy payment. The hearing took place over two days by video, with the claimant representing herself and the respondent represented by four lay representatives.

Decision

The tribunal dismissed the claims for notice pay and holiday pay but found that the claimant was entitled to a statutory redundancy payment of £4,572. The tribunal heard evidence and made its determination after considering the parties' submissions.

Practical note

Even where other monetary claims fail, tribunals will award statutory redundancy payments where qualifying criteria are met.

Award breakdown

Redundancy pay£4,572

Legal authorities cited

Statutes

ERA 1996 s.163

Case details

Case number
2301425/2023
Decision date
9 January 2024
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No