Source: All England Reporter
Publisher Citation: [2013] All ER (D) 317 (Feb)
Court: Employment Appeal Tribunal
Judge:

Judge Hand QC

Representation Michael Ford (instructed by Thompsons Solicitors, Cardiff) for the employee.
  The employer did not appear and was not represented.
Judgment Dates: 23 October 2012

Catchwords

Redundancy - Calculation of amount of payment - Amount of week's pay - Employee being placed on short-time working - Employee requesting redundancy payment - Employer not serving counter-notice - Employee resigning and bringing claim in employment tribunal - Employment judge calculating redundancy payment on basis of employee's wages on short-time working - Whether judge erring - .

The Case

Redundancy Calculation of amount of payment. The Employment Appeal Tribunal allowed the employee's appeal against the employment judge's finding that his weekly pay for the purpose of calculating his redundancy payment had been the amount he had been paid whilst on short-time working. The judge had erred in the approach she had taken and the redundancy payment was, in accordance with s221(2) of the to be calculated in accordance with the employee's normal working hours under his contract of employment in force on the calculation date.

Practice Areas

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