Claimant v Creative Medical Research Limited (in Liquidation)
Outcome
Individual claims
The tribunal found that the claimant was entitled to unpaid holiday pay. The respondent had failed to pay accrued but untaken holiday entitlement, constituting an unauthorised deduction from wages under the Employment Rights Act 1996.
The tribunal found that the dismissal was not unfair. The respondent company was in liquidation and the circumstances surrounding the termination of employment did not meet the threshold for unfair dismissal under the Employment Rights Act 1996.
The tribunal determined that the claimant was not entitled to a statutory redundancy payment. This may have been due to insufficient qualifying service or because the circumstances of termination did not constitute a redundancy situation as defined by statute.
The tribunal found no breach of contract in relation to the manner of dismissal. The respondent had not wrongfully dismissed the claimant by failing to provide proper notice or payment in lieu of notice.
Facts
Mr Hutchinson was employed by Creative Medical Research Limited, which subsequently went into liquidation. Following the termination of his employment, he brought claims for unpaid holiday pay, unfair dismissal, redundancy payment, and wrongful dismissal. The respondent company was represented by its liquidator, Mr J. Mitchell, while the claimant appeared in person.
Decision
The tribunal found in favour of the claimant only on the claim for unauthorised deduction from wages, awarding £1,935.45 in unpaid holiday pay with credit for any Redundancy Payments Service payments. The claims for unfair dismissal, redundancy payment, and wrongful dismissal all failed.
Practical note
Even when a company enters liquidation, employees retain the right to recover accrued holiday pay as an unauthorised deduction from wages, though other claims such as unfair dismissal may fail in insolvency circumstances.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3300416/2025
- Decision date
- 25 November 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No