Claimant v Crucial Solutions (NE) Limited – In Voluntary Liquidation
Outcome
Individual claims
The claimant withdrew his claim for unpaid wages during the hearing.
The claimant withdrew his claim for holiday pay during the hearing.
The tribunal found that the claim for a redundancy payment was not well founded and dismissed it.
The tribunal granted leave to amend to add this claim and found that the claimant was wrongfully dismissed without notice. The respondent was ordered to pay damages for breach of contract representing net notice pay.
The tribunal found the unfair dismissal claim well founded. The respondent failed to follow the ACAS Code of Practice on Disciplinary and Grievance Matters, and a 25% uplift was applied to both notice pay and compensatory award.
Facts
The claimant was employed by Crucial Solutions (NE) Limited until his employment was terminated. The company later went into voluntary liquidation. The claimant brought claims for wages, holiday pay, redundancy payment, wrongful dismissal and unfair dismissal. The respondent did not appear at the hearing.
Decision
The tribunal granted leave to amend to add a wrongful dismissal claim which succeeded, along with the unfair dismissal claim. The wages and holiday pay claims were withdrawn, and the redundancy pay claim failed. A 25% ACAS uplift was applied for the respondent's failure to follow proper disciplinary procedures. Total compensation awarded was £32,758.
Practical note
Failure to follow ACAS Code procedures can result in a 25% uplift on awards, and tribunals will proceed to determine claims in the absence of an insolvent respondent where appropriate.
Award breakdown
Adjustments
Respondent failed to follow the ACAS Code of Practice on Disciplinary and Grievance Matters. A 25% uplift was applied to the notice pay and compensatory award.
Legal authorities cited
Case details
- Case number
- 6019715/2025
- Decision date
- 17 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No