Claimant v Ceased Trading 05673115 Ltd
Outcome
Individual claims
The tribunal found that both claimants were unfairly dismissed by the respondent. The respondent did not appear to defend the claim and the tribunal was satisfied on the evidence presented by the claimants that their dismissals were unfair.
The tribunal found that the respondent made unauthorised deductions from the claimants' wages in the period 1st March 2024 to 12th April 2024. The respondent failed to pay wages properly due to the claimants during this period.
The tribunal found that the respondent failed to pay the claimants for holidays accrued but not taken on the date their employment ended, constituting an unauthorised deduction from wages.
Facts
Two claimants were dismissed by a respondent company that subsequently ceased trading and became insolvent. The claimants were not paid their full wages for the period March to April 2024, were not paid for accrued holiday, and did not receive redundancy payments. The respondent had also failed to provide written statements of employment particulars. The respondent did not appear at the hearing to defend the claims.
Decision
The tribunal found in favour of both claimants on all claims. They succeeded in their unfair dismissal claims and were awarded compensatory awards totalling over £17,000. The tribunal also awarded redundancy payments, unpaid wages, holiday pay, and section 38 awards for failure to provide employment particulars. All awards were reduced by £500 each to account for payments made by the respondent after dismissal.
Practical note
Where a respondent company has ceased trading and fails to appear, unrepresented claimants can successfully pursue multiple claims including unfair dismissal, unpaid wages, and holiday pay, though recovery may be difficult from an insolvent company.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1306353/2024
- Decision date
- 29 July 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No