Claimant v R&D Miller Limited
Outcome
Individual claims
The tribunal found the respondent was in breach of contract for failing to pay notice pay. The claimant was awarded damages of £4560 calculated using gross pay to reflect Post Employment Notice Pay tax liability.
The tribunal found the respondent was in breach of contract for failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The claimant was awarded £2873.36 as net damages.
The tribunal found the complaint of unfair dismissal was well-founded. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, leading to a 20% uplift in the compensatory award.
Facts
Mrs Douglas was employed by R&D Miller Limited which went into liquidation. The respondent failed to pay her notice pay and holiday pay, and dismissed her unfairly without following proper procedures. The company did not attend the tribunal hearing.
Decision
The tribunal found all claims succeeded. The respondent was ordered to pay £27,018.12 including notice pay, holiday pay, basic and compensatory awards for unfair dismissal, with a 20% ACAS uplift for failure to follow the disciplinary code.
Practical note
Default judgments against insolvent companies can still result in full awards with ACAS uplifts where there is clear failure to follow proper dismissal procedures.
Award breakdown
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, resulting in a 20% uplift to the compensatory award
Legal authorities cited
Statutes
Case details
- Case number
- 1311261/2024
- Decision date
- 3 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister