Claimant v Creative Medical Research Ltd (in voluntary liquidation)
Outcome
Individual claims
The tribunal found the complaint of breach of contract due to failure to pay notice pay was well founded. The respondent failed to make the required notice payment to the claimant.
The tribunal found that the respondent failed to pay the claimant a statutory redundancy payment to which she was entitled. The claim was well-founded and the respondent was ordered to pay £9,100 in redundancy pay.
The tribunal found the claimant was unfairly dismissed by the respondent. The complaint of unfair dismissal was well-founded and the claimant was awarded both basic and compensatory awards, with recoupment provisions applied to the prescribed element.
The tribunal found the complaint of failing to pay holiday pay was not well-founded and dismissed this claim.
The tribunal found the complaint of unauthorised deductions from wages was not well-founded and dismissed this claim.
Facts
The claimant was employed by Creative Medical Research Ltd until her employment ended on 26 September 2024. The respondent company entered voluntary liquidation and was represented by the liquidator at the hearing. The claimant brought claims for breach of contract (notice pay), failure to pay redundancy pay, unfair dismissal, holiday pay, and unauthorised deductions from wages. The claimant represented herself at the hearing.
Decision
The tribunal found in favour of the claimant on her claims for breach of contract, failure to pay redundancy pay, and unfair dismissal, awarding a total of £17,977.37. The claims for holiday pay and unauthorised deductions from wages were dismissed. The basic award for unfair dismissal was nil, but a compensatory award was made with recoupment provisions applied to the prescribed element.
Practical note
Even when a company is in liquidation, tribunals will make awards for employees who succeed in claims for unpaid notice, redundancy pay and unfair dismissal, with recoupment provisions protecting jobseeker's allowance already paid.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3200056/2025
- Decision date
- 21 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No