Claimant v Brightdesk Limited in Creditors Voluntary Liquidation
Outcome
Individual claims
The tribunal found that the claimant's employment transferred to the third respondent via TUPE on 31 January 2024 before the first respondent entered liquidation on 8 May 2024. The third respondent was therefore liable for redundancy pay calculated at 15 x 1.5 x £281 gross weekly pay.
The claim for notice pay succeeded against the third respondent as the transferee employer. The claimant was entitled to 12 weeks notice at £269 net per week for the period 1 March 2024 to 24 May 2024.
The tribunal found the claimant was entitled to outstanding holiday pay for the period 1 January 2024 to 1 March 2024. This was calculated as 7 days accrued pro rata less one bank holiday taken, totalling 6 days at £53.80 per day.
Facts
The claimant's employment transferred from Brightdesk Limited to Brightdesk Upholstery Limited on 31 January 2024 by operation of TUPE. This transfer occurred before the first respondent entered creditors voluntary liquidation on 8 May 2024. The claimant's employment ended on 1 March 2024. The claimant claimed redundancy pay, notice pay and holiday pay.
Decision
The tribunal found that as the employment transferred to the third respondent before any insolvency, the third respondent was liable for all employment debts. The claims against the second respondent (Secretary of State) were dismissed. The tribunal awarded the claimant £9,880 comprising statutory redundancy pay, notice pay and accrued holiday pay.
Practical note
When TUPE applies before insolvency, the transferee employer assumes full liability for all employment debts including redundancy, notice and holiday pay, and the Secretary of State has no liability under the insolvency provisions.
Award breakdown
Award equivalent: 35.2 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6014871/2024
- Decision date
- 27 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- Under £15,000
Claimant representation
- Represented
- No