Claimant v BCS Credit Limited (in Liquidation)
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal well-founded. The respondent did not attend to defend the claim. The tribunal awarded both a basic award and compensatory award, indicating dismissal was substantively and/or procedurally unfair.
The tribunal found the breach of contract claim in relation to holiday pay well-founded. The respondent failed to pay accrued but untaken holiday entitlement on termination, awarding £1,524.66 gross.
The tribunal found the holiday pay complaint well-founded, awarding £2,423 gross. This appears to be separate from the breach of contract claim, likely relating to unpaid holiday during employment or additional entitlement.
The tribunal found unauthorised deductions from wages well-founded. The respondent failed to pay 7 days wages (£711.50 net) and failed to pay employer and employee NEST pension contributions that had been deducted (£5,783), constituting unlawful deductions totalling £6,494.50.
Facts
Mr Deacon was dismissed by BCS Credit Limited on 18 August 2023. The company subsequently went into liquidation. The claimant brought claims for unfair dismissal, breach of contract for holiday pay, holiday pay, unauthorised deductions from wages (7 days unpaid wages and pension contributions that had been deducted but not paid to the pension scheme), and failure to provide written employment particulars. The respondent did not attend the hearing.
Decision
The tribunal found all claims well-founded. The claimant succeeded on unfair dismissal (basic award £2,893.50, compensatory award £33,436), breach of contract/holiday pay claims totalling £3,947.66, unauthorised deductions of £6,494.50 (unpaid wages and pension contributions), and received a four-week penalty award of £2,572 for failure to provide written employment particulars under s.38 Employment Act 2002. Total award: £51,544.66.
Practical note
When employers become insolvent, claimants may succeed on multiple claims by default, but recovery will depend on liquidation proceeds and National Insurance Fund protections.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3311182/2023
- Decision date
- 10 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister