Claimant v SVLhealthcare (in administration)
Outcome
Individual claims
The unfair dismissal complaint was withdrawn by the claimant and dismissed by the tribunal. No determination was made on the merits of this claim.
The tribunal found the complaint well-founded. The respondent failed to pay overtime amounting to £1012.89 for July 2024 and £584.16 for August 2024, constituting unauthorised deductions from wages totaling £1597.05.
The tribunal found the section 189 TULRCA 1992 complaint well-founded. The respondent failed to comply with section 188 collective consultation requirements before making redundancies. The tribunal ordered a 90-day protective award beginning 30 August 2024.
Facts
The claimant was employed by SVLhealthcare which entered administration. He was made redundant on 30 August 2024. The respondent failed to pay overtime for July 2024 (£1012.89) and August 2024 (£584.16). The respondent also failed to comply with collective consultation requirements under section 188 TULRCA 1992 before making redundancies. The respondent did not attend the hearing.
Decision
The tribunal found the claimant's complaint of unauthorised deduction of wages well-founded, awarding £1597.05 gross unpaid overtime. The tribunal also found the failure to inform and consult complaint well-founded, ordering a 90-day protective award from 30 August 2024. The unfair dismissal claim was dismissed following withdrawal by the claimant.
Practical note
Employers in administration remain liable for statutory collective consultation obligations and wage debts; failure to consult on redundancies results in maximum 90-day protective awards, subject to recoupment.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6023027/2024
- Decision date
- 27 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- barrister