Claimant v Old Town Playgroup
Outcome
Individual claims
The tribunal dismissed the claimant's complaint of breach of contract in relation to notice pay, finding that the claimant was not entitled to the payment claimed.
The tribunal dismissed the complaint in respect of holiday pay, determining that the claimant had not established an entitlement to unpaid holiday pay.
Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment based on her length of service and weekly pay.
Facts
Mrs Vig brought claims against Old Town Playgroup for notice pay, holiday pay and redundancy payment. The claimant represented herself at a remote video hearing. The respondent was represented by multiple lay representatives including Mr Chaudhari, Ms Mukherjee, Ms Jandu and Mr Gilding. Oral reasons for the judgment were given at the hearing.
Decision
The tribunal dismissed the claims for notice pay and holiday pay, finding the claimant had not established entitlement to these payments. However, the tribunal awarded the claimant statutory redundancy pay of £4,057.20 under section 163 Employment Rights Act 1996.
Practical note
A claimant can succeed on a redundancy payment claim while failing on related contractual claims for notice pay and holiday pay where the statutory entitlement to redundancy is established.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2301441/2023
- 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