Claimant v Bramwell Popham Ltd (in voluntary liquidation)
Outcome
Individual claims
The tribunal found claimant 1's dismissal to be unfair. The effective date of termination was determined as 31 October 2023. The respondent did not appear to defend the claim.
The tribunal found claimant 2's dismissal to be unfair. The respondent did not appear to defend the claim.
The tribunal upheld claimant 1's wrongful dismissal claim, indicating dismissal without proper notice. The respondent did not defend.
The tribunal upheld claimant 2's wrongful dismissal claim, indicating dismissal without proper notice. The respondent did not defend.
The tribunal found claimant 1 was owed accrued but unpaid holiday pay. The respondent did not contest the claim.
The tribunal found claimant 2 was owed accrued but unpaid holiday pay. The respondent did not contest the claim.
Claimant 1's claim for sick pay for sickness absence in November 2023 was dismissed. The tribunal found this complaint not well founded.
Claimant 2's complaint under TUPE regarding failure to inform and consult was reserved. The tribunal has not yet made a determination on this claim.
Facts
Two claimants, Ms C Thompson and Ms M Bramwell-Popham, brought claims against their former employer Bramwell Popham Ltd, which went into voluntary liquidation. Both claimants were dismissed with an effective date of termination of 31 October 2023. A TUPE transfer appears to have been involved. The respondent did not appear at the hearing.
Decision
The tribunal upheld both claimants' claims for unfair dismissal, wrongful dismissal, and unpaid holiday pay. Claimant 1's sick pay claim was dismissed. Judgment was reserved on claimant 2's TUPE failure to inform and consult claim and on remedy for all upheld complaints. The tribunal ordered taxation details for grossing up purposes.
Practical note
Where a respondent in liquidation does not appear, the tribunal will still determine liability on the merits, finding in favour of claimants where claims are well-founded, with remedy to be determined separately.
Legal authorities cited
Statutes
Case details
- Case number
- 2201479/2024
- Decision date
- 29 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No