Mr T Nelson and others v J and B Nelson Construction Ltd: 2502588/2023 and others

JurisdictionEngland & Wales
Judgment Date14 February 2024
Date14 February 2024
Citation2502588/2023 and others
CourtEmployment Tribunal
Published date05 March 2024
Subject MatterBreach of Contract
Case Nos. 2502588/2023, 2502589/2023 & 2502590/2023
1
THE EMPLOYMENT TRIBUNALS
Claimants (1) Mr Thomas Nelson
(2) Mr James A Nelson
(3) Mr Adrian RW Bailey
Respondent J and B Nelson Construction Limited
Heard at Newcastle upon Tyne Hearing Centre via CVP video link
On 14 February 2024
Before Employment Judge Langridge
Representation:
Claimants Mr Thomas Nelson (representing all three claimants)
Respondent No appearance
JUDGMENT
The judgment of the Tribunal is as follows:
Notice Pay
1. Each claimant was entitled to receive 12 weeks’ notice under section 86
Employment Rights Act 1996 when his employment was terminated without notice
on 5 June 2023. The complaints of breach of contract in relation to notice pay are
therefore well-founded.
2. The respondent shall pay the claimants the sums set out below as damages for
breach of contract. These figures have been calculated using gross pay to reflect
the likelihood that the claimants will have to pay tax on it as Post Employment
Notice Pay.
Thomas Nelson £9,000
James Nelson £10,380
Adrian Bailey £7,800

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