Claimant v Old Town Playgroup
Outcome
Individual claims
The tribunal dismissed the claimant's claim for breach of contract in relation to notice pay. Reasons were given orally at the hearing but are not contained in this written judgment.
The tribunal dismissed the claimant's complaint in respect of holiday pay. The tribunal heard evidence over two days and determined the claimant was not entitled to the holiday pay claimed.
The tribunal determined under section 163 Employment Rights Act 1996 that the claimant was entitled to a statutory redundancy payment. This indicates the tribunal accepted the claimant's employment was terminated by reason of redundancy and she was entitled to the statutory payment.
Facts
Mrs Mahajan worked for Old Town Playgroup and her employment was terminated by reason of redundancy. She brought claims for notice pay, holiday pay and redundancy payment. The tribunal heard evidence over two days in December 2023 and January 2024. Mrs Mahajan represented herself while the respondent was represented by four individuals appearing on its behalf.
Decision
The tribunal dismissed the claimant's claims for notice pay and holiday pay but awarded her a statutory redundancy payment of £860.79 under section 163 of the Employment Rights Act 1996. Detailed reasons were given orally at the hearing but are not included in this written judgment.
Practical note
A claimant can succeed on a redundancy payment claim while failing on associated claims for notice pay and holiday pay, and self-representation does not preclude partial success in tribunal proceedings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2301412/2023
- 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