Cases1811282/2024

Claimant v Midas Manors Limited (in creditors' voluntary liquidation)

17 July 2025Before Employment Judge JM WadeLeedsremote video

Outcome

Partly successful£16,228

Individual claims

Automatic Unfair Dismissalnot determined

Substantive hearing for unfair dismissal claim fixed for March 2026. This is a preliminary hearing dealing with enforcement of an interim relief order made on 29 November 2024 under Section 132(4) Employment Rights Act 1996.

Interim Reliefsucceeded

Interim relief was granted by order dated 29 November 2024, requiring continuation of contractual terms at £3245.60 per month and preservation of seniority rights. This preliminary hearing enforces that order.

Facts

The claimant was granted interim relief by tribunal order on 29 November 2024, requiring the first respondent to continue her contractual terms at £3245.60 per month payable on the 20th of each month and preserve her seniority rights. The first respondent is in creditors' voluntary liquidation and failed to make payments from February to June 2025 (five months). The respondents did not attend this preliminary hearing. No application to revoke the interim relief order had been made.

Decision

The tribunal ordered the first respondent to pay £16,228 to the claimant for breach of the interim relief order, representing five months of unpaid continuation pay at £3245.60 per month. The tribunal exercised its power under Section 132(4) Employment Rights Act 1996 to enforce the interim relief order, noting the considerable delay until the substantive hearing fixed for March 2026.

Practical note

Tribunals will enforce interim relief orders where respondents fail to comply, and can make judgments for arrears even when the substantive unfair dismissal claim remains to be determined.

Award breakdown

Arrears of pay£16,228

Legal authorities cited

Statutes

ERA 1996 s.132(4)

Case details

Case number
1811282/2024
Decision date
17 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Claimant representation

Represented
No