Claimant Wins Redundancy Payment, No Notice Pay Due to Mitigation
📌 In brief
In this employment tribunal case, the claimant received a redundancy payment as they were eligible under the law. However, they did not receive any compensation for their notice period because they found new work during that time.
⚖️ Legal holding
An employer must provide a redundancy payment if an employee is eligible under the Employment Rights Act 1996.
📖 What the law says
An employer must pay a redundancy payment to an employee if the employee is dismissed due to redundancy or if the employee is eligible for a redundancy payment because they were laid off or had their working hours reduced.
The amount of a redundancy payment is calculated based on the period of continuous employment, with different rates applied depending on the employee's age during their years of service.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The claimant successfully obtained a redundancy payment but no notice pay due to mitigation.
📜 Headnote Official document
The claimant successfully obtained a redundancy payment of £6947.20 under the Employment Rights Act 1996, but no notice pay was awarded due to mitigation.
📚 Full judgment Official document
OUTCOME: Allowed in Part
Case No: 3307684/2025
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
1. The respondent did not present a response to the claim. The claimant provided further information by correspondence to the Tribunal, upon which a determination could properly be made of the claims set out below pursuant to rule 22 of the Employment Tribunal Rules 2024.
2. The claim for a redundancy payment (Employment Rights Act 1996 section 135) is well founded. The respondent must pay to the claimant within 14 days a redundancy payment of £6947.20, calculated in accordance with Employment Rights Act 1996 section 162.
Approved by:
Employment Judge Gordon Walker
Date 9 December 2025
JUDGMENT SENT TO THE PARTIES ON
....23 December 2025.
.............
FOR THE TRIBUNAL OFFICE
Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
Case No: 3307684/2025
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
1. The respondent did not present a response to the claim. The claimant provided further information by correspondence to the Tribunal on 6 January 2026, upon which a determination could properly be made of the claim set out below pursuant to rule 22 of the Employment Tribunal Rules 2024.
2. The claim for breach of contract for the claimant’s notice pay is well founded (Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994). The claimant’s statutory notice period was ten weeks. The claimant was not paid for their notice period. However, the claimant mitigated his loss and therefore no sums are payable to the claimant by the respondent for notice pay:
a. The sum of £4,491.20 net was payable to the claimant for the ten week notice period;
b. But the claimant earned £457 net each week for ten weeks during his notice period, which is a greater sum (£4570).
Approved by: Employment Judge Gordon Walker
Date 10 February 2026
JUDGMENT SENT TO THE PARTIES ON
........17/4/2026.
.........Miss M [NAME]
FOR THE TRIBUNAL OFFICE
Case No: 3307684/2025
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
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- Employment Tribunal Employment Tribunal Orders Employer to Pay Unpaid Wages and Holiday Pay
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- Employment Tribunal Worker wins redundancy and holiday pay case at Employment Tribunal
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- Employment Tribunal Employment Tribunal Upholds Interim Relief for Protected Disclosures
- Employment Tribunal Employer Must Pay Back Unlawfully Deducted Wages
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- Employment Tribunal Employment Tribunal Rules Employer to Pay Unpaid Wages and Notice Period
- Employment Tribunal Holiday Pay Allowed, Unfair Dismissal Claim Rejected by Employment Tribunal
- Employment Tribunal Employment Tribunal Decision: Unfair Dismissal Rejected, Wrongful Dismissal…
- Employment Tribunal Employment Tribunal Rules in Favour of Unfair Dismissal and Notice Pay Clai…
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The employer must provide a redundancy payment as required by the Employment Rights Act 1996.
- The employer must comply with statutory requirements regarding notice period and holiday pay.
- The employer must ensure fair procedures to avoid unfair dismissal claims.
- The employer must not require unauthorized payments from employees under section 15 of the Employment Rights Act 1996.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision awarded the claimant a redundancy payment but denied notice pay due to mitigation.
Who was involved?
A worker and their employer were involved in this case.
How did the court decide, and why?
The court decided based on the Employment Rights Act 1996 and found that the claimant was eligible for a redundancy payment but had mitigated any loss during their notice period.
Which laws or rules were applied?
The Employment Rights Act 1996 sections 135 and 162 were applied.
What was the argument that mattered most?
The claimant's eligibility for a redundancy payment under the Employment Rights Act 1996 was the central issue.
Was the decision for or against the person who brought the case?
The decision was in favour of the claimant regarding the redundancy payment but not for notice pay.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to a redundancy payment if they meet the eligibility criteria, but must consider whether their actions during the notice period might affect any compensation.
What evidence or documents mattered?
The claimant provided correspondence and information regarding their employment status and earnings during the notice period.
Can a decision like this be appealed?
Decisions from an Employment Tribunal can generally be appealed to the Employment Appeal Tribunal.
Is it worth getting a solicitor for a case like this?
It is always recommended to seek advice from a qualified solicitor for specific legal issues.