Claimant v Pro Security and Response Limited (In Creditors' Voluntary Liquidation)
Outcome
Individual claims
The tribunal found that the claimant was entitled to his full statutory minimum notice period of 9 weeks. The letter of 14 November 2024 simply informed him the contract would end on 31 December, not formal notice, as discussions about alternative vacancies were ongoing. No notice was given when employment ended, constituting breach of contract.
The tribunal found the dismissal was by reason of redundancy under s.139 ERA 1996 as the employer ceased to carry on the security business or the requirement for security guards ceased/diminished. The offer of alternative employment was unsuitable as it involved driving duties and the claimant does not drive and has limited mobility. The employer also withdrew the offer.
Facts
Mr Phillips was a security guard employed for over 9 years. On 14 November 2024 he was informed his contract would end on 31 December 2024 due to loss of the client contract. The employer offered alternative employment involving driving but withdrew the offer when the claimant, who cannot drive and has limited mobility, said he would try it on a trial basis. The company entered creditors' voluntary liquidation on 28 May 2025. The claimant pursued claims for notice pay and statutory redundancy payment which can be recovered from the Redundancy Payments Office.
Decision
The tribunal awarded the claimant 9 weeks' notice pay (£6,138) and a statutory redundancy payment of 13.5 weeks' pay (£9,207), totaling £15,345. The dismissal was a genuine redundancy as the employer's requirement for security guards ceased. The alternative employment offer was unsuitable and the employer withdrew it. No proper notice was given when employment ended.
Practical note
Even where a respondent is in liquidation and does not participate, tribunals will determine statutory redundancy and notice pay claims as these can be recovered from the Redundancy Payments Office, and a letter informing of contract end does not constitute notice if alternative employment discussions are ongoing.
Award breakdown
Award equivalent: 22.5 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6003992/2025
- Decision date
- 5 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Role
- Security Guard
- Salary band
- £30,000–£40,000
- Service
- 9 years
Claimant representation
- Represented
- No