Claimant v FR Shadbolt & Sons Limited
Outcome
Individual claims
The tribunal found the claim for breach of contract well-founded. The Respondent failed to give the Claimant any contractual notice of termination. The Claimant was entitled to 9 weeks' notice based on 9 complete years of service, but received none.
Facts
Mr Waldock was employed by FR Shadbolt & Sons Limited for 9 complete years. His employment was terminated on 11 June 2024 without any notice being given. He was entitled to 9 weeks' statutory notice based on his length of service. The Respondent company was in voluntary liquidation and did not attend the hearing. The Claimant found new employment shortly after termination, mitigating his loss.
Decision
The tribunal found the breach of contract claim succeeded. The Claimant was entitled to 9 weeks' notice pay but received none. After mitigation due to finding new employment, his actual loss was 5.2 weeks at £480 per week net, totalling £2,496 in damages.
Practical note
Even when a respondent is in liquidation and fails to attend, tribunals will award damages for wrongful dismissal where no notice was given, but claimants must mitigate their loss and will only recover actual losses after taking account of new employment.
Award breakdown
Case details
- Case number
- 3201343/2024
- Decision date
- 10 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Service
- 9 years
Claimant representation
- Represented
- No