Claimant v Selina Management Company UK Limited
Outcome
Individual claims
The Respondent failed to demonstrate a potentially fair reason for dismissal. Dismissal was manifestly unfair as there was no proper consultation with the Claimant before the decision was taken, no proper consideration of alternative roles, and no meaningful appeal against dismissal.
The claim for unlawful deductions in respect of the non-payment of commission was well founded, as the Respondent failed to pay commission owed to the Claimant.
The claim for breach of contract in terms of unpaid notice pay and unpaid commission going forward was well founded, with the value significantly exceeding the £25,000 statutory cap.
The claim for holiday pay was well founded and succeeded, with the Respondent failing to pay accrued but untaken holiday entitlement.
Facts
The Claimant was employed as Global Sales Director from November 2020 to September 2024 on a salary of £70,000. On 31 July 2024, she was invited to a meeting and immediately told her position was redundant with immediate effect. The Respondent offered payment but never paid. After dismissal, the Claimant discovered the Respondent was advertising for positions she could have filled and had redeployed other staff. Her appeal was dismissed and the Respondent made no payments despite being chased multiple times.
Decision
The Tribunal found all claims succeeded. The unfair dismissal claim succeeded because the Respondent failed to demonstrate a fair reason, conducted no proper consultation, failed to consider alternative roles, and provided no meaningful appeal. The Tribunal awarded 12 months' net loss of earnings as compensatory award, finding no failure to mitigate. Claims for unpaid commission, notice pay, and holiday pay also succeeded.
Practical note
Where a respondent fails to engage with tribunal proceedings and does not demonstrate a fair dismissal process, a claimant can succeed on unfair dismissal with substantial compensatory awards based on failure to mitigate being the respondent's burden to prove.
Award breakdown
Award equivalent: 64.3 weeks' gross pay
Legal authorities cited
Case details
- Case number
- 6008686/2024
- Decision date
- 18 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Role
- Global Sales Director
- Salary band
- £60,000–£80,000
- Service
- 4 years
Claimant representation
- Represented
- No