Claimant v Toniiq Limited

The tribunal found that while there was a genuine redundancy situation, the dismissal was procedurally unfair. The employer failed to consult adequately, gave no warning, provided only generic reasons, did not explore alternatives, and offered no right of appeal. The tribunal rejected the argument that consultation would have been futile, finding the failings too fundamental to excuse even for a small employer.

The tribunal found that the statutory redundancy payment had been correctly paid by the respondent. The basic award for unfair dismissal was subsumed within this payment.

The claimant alleged underpayment of approximately £500 relating to notice pay, holiday pay or other payments, but could not adequately explain the basis of the claim. The tribunal found no evidence of underpayment after comparing payslips and communications.

The claimant's case for underpayment was not made out. The respondent's witness explained all amounts had been paid correctly and the dispute appeared to relate to the claimant's misunderstanding of the tax position. The tribunal could identify no underpayment from the documentary evidence.

The claimant ticked the box for holiday pay but could not explain the basis of this claim. No evidence of underpaid holiday pay was identified by the tribunal.