Automated Summary
Key Facts
In Employment Tribunal case 2600222/2017, Miss V Danicic successfully claimed a statutory redundancy payment against Parker Molyneux Ltd. The Tribunal struck out the Respondent's response for lacking a reasonable prospect of success under Rule 27-28 of the Tribunal's 2013 Rules of Procedure. The Claimant was awarded £8622 (calculated as 18 weeks' pay based on 12 years of service, weekly wage £479, and age 55 at dismissal) and the Respondent was ordered to pay £160 in costs. The judgment was delivered by Employment Judge P Britton on 14 June 2017.
Issues
- The Tribunal struck out the respondent's defense under Rule 27-28 of the Employment Tribunals Rules of Procedure 2013 because it had no reasonable prospect of success, leading to the claimant's redundancy payment claim being allowed by default.
- The Tribunal determined the claimant was entitled to a statutory redundancy payment of £8,622, calculated as 18 weeks' pay at £479 per week (based on 12 years of service, age 55 at dismissal, and capped weekly wage).
Holdings
- The respondent is ordered to pay costs to the claimant under Rule 75(1)(b) in the sum of £160 for the issue fee paid.
- The Tribunal struck out the respondent's response pursuant to Rule 27-28 of the Employment Tribunals Rules of Procedure 2013, as it had no reasonable prospect of success.
- The claim for statutory redundancy payment is upheld. The respondent is ordered to pay the claimant £8,622, calculated as 18 weeks at a weekly wage of £479, based on 12 completed years of service and the claimant's age of 55 at dismissal.
Remedies
- The claimant was awarded a statutory redundancy payment of £8622, calculated as 18 weeks' pay at the capped weekly wage of £479, based on 12 completed years of service and the claimant's age of 55 at dismissal.
- The respondent was ordered to pay the claimant costs of £160 in respect of the issue fee paid in these proceedings.
Monetary Damages
8782.00
Legal Principles
The Tribunal awarded the claimant £160 in costs under Rule 75(1)(b) of the Employment Tribunals Rules of Procedure 2013, which governs cost awards to successful parties in employment proceedings.
Judge Name
P Britton
Passage Text
- The Tribunal having notified the respondent that EJ Camp considers that the response has no reasonable prospect of success and should be dismissed, and the respondent having confirmed on 16 May 2016 following the further direction of EJ Blackwell that it does not object to the response being dismissed, the response is accordingly struck out pursuant to r27-28 of the Tribunal's 2013 Rules of Procedure.
- Accordingly the claim for a statutory redundancy payment succeeds. The respondent will pay the claimant £8622. This is calculated as follows: completed years of service=12. Weekly wage as capped = £479. Age at dismissal = 55. Therefore entitlement is 18 x £479= £8622.