Claimant v Secretary of State for Business and Trade
Outcome
Individual claims
The tribunal found that the claimant worked for the second respondent under a contract of employment and was entitled to a redundancy payment, which the Secretary of State is liable to pay as the employer company is now dissolved.
The tribunal found the claimant was owed unpaid wages from his employment with the second respondent, and the Secretary of State is liable to make this payment.
The tribunal found the claimant was entitled to payment in lieu of accrued but untaken annual leave, for which the Secretary of State is liable.
The tribunal found the claimant was entitled to statutory notice pay, which the Secretary of State is liable to pay as the employer company is dissolved.
Facts
The claimant worked for Smartuki Motorsport Limited under a contract of employment. The company has since been dissolved, leaving unpaid debts to the claimant. The claimant brought claims against the Secretary of State for Business and Trade for redundancy pay, unpaid wages, holiday pay, and notice pay. The Secretary of State did not contest the claims on limitation grounds or on the basis of employment status.
Decision
The tribunal found that the claimant was an employee under section 230 of the Employment Rights Act 1996 and awarded him redundancy pay of £6,461.56, unpaid wages of £3,692.32, payment in lieu of annual leave of £707.09, and statutory notice pay of £5,076.94, all payable by the Secretary of State.
Practical note
When an employer company is dissolved and owes statutory payments to employees, the Secretary of State becomes liable to pay redundancy payments, unpaid wages, holiday pay, and notice pay under the insolvency provisions.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305577/2023
- Decision date
- 9 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Secretary of State for Business and Trade
- Sector
- central government
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No