Claimant v ICTV Sales and Services Ltd (In Voluntary Members'/Creditors' Liquidation)
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was well-founded and the claimant was unfairly dismissed. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, resulting in a 25% uplift to the compensatory award.
Facts
Daniel Crook was dismissed by ICTV Sales and Services Ltd on 13 June 2024 after approximately 2 years of employment. The respondent company went into voluntary liquidation. The claimant earned a gross weekly salary of £625 and net weekly pay of £476.36. During the loss period of 22 weeks following dismissal, the claimant found some alternative employment earning £2,860.20. The respondent did not attend the tribunal hearing.
Decision
The tribunal found the claimant was unfairly dismissed. The respondent failed to comply with the ACAS Code on Disciplinary and Grievance Procedures, warranting a 25% uplift to the compensatory award. The tribunal awarded a basic award of £1,875, a compensatory award of £9,524.65 (after deductions for mitigation earnings and ACAS uplift), and £500 for loss of statutory rights, totaling £11,899.65.
Practical note
Default judgments in unfair dismissal cases against insolvent companies will still result in full ACAS Code uplifts where procedural failures are evident, even in the respondent's absence.
Award breakdown
Award equivalent: 19.0 weeks' gross pay
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
Legal authorities cited
Statutes
Case details
- Case number
- 6010668/2024
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 2 years
Claimant representation
- Represented
- No