Claimant v Programable Limited (in voluntary liquidation)
Outcome
Individual claims
The tribunal found the dismissal was unfair. The respondent did not attend to defend the claim and the claimant satisfied the tribunal on the evidence presented that the dismissal was procedurally and substantively unfair.
The tribunal found the claimant was owed gross pay of £7,000. The respondent failed to attend and the claimant established on the evidence that wages had been unlawfully deducted.
The tribunal found the holiday pay claim was not well-founded and dismissed it. The claimant did not establish an entitlement to unpaid holiday pay on the evidence.
The tribunal found the respondent was in breach of contract and awarded damages of £4,814. The claimant established the breach on the evidence, likely relating to notice pay or other contractual entitlements.
Facts
Mr Brown brought claims for unfair dismissal, unlawful deduction of wages, holiday pay, and breach of contract against his former employer Programable Limited, which had entered voluntary liquidation. The respondent did not attend the hearing to defend the claims. The claimant appeared in person and presented evidence to the tribunal.
Decision
The tribunal found in favour of the claimant on his unfair dismissal claim (awarding a basic award of £2,157 and compensatory award of £53,144), unlawful deduction of wages claim (£7,000), and breach of contract claim (£4,814). The holiday pay claim was dismissed as not well-founded.
Practical note
Where a respondent in liquidation fails to defend unfair dismissal and related claims, a claimant appearing in person can succeed by satisfying the tribunal on the evidence, though enforcement against an insolvent company will require pursuit through the National Insurance Fund.
Award breakdown
Case details
- Case number
- 1306243/2024
- Decision date
- 8 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No