Claimant v Oxford Packaging Solutions Ltd (in Administration)
Outcome
Individual claims
The tribunal found that the claimant was unfairly dismissed contrary to section 98 of the Employment Rights Act 1996. The respondent did not attend to defend the claim and the tribunal accepted the claimant's evidence that the dismissal was unfair.
The tribunal found that the respondent was in breach of contract in failing to pay the claimant his bonus. The claimant provided evidence of the contractual entitlement to a bonus which the respondent failed to pay.
Facts
Mr Page was employed by Oxford Packaging Solutions Ltd and was dismissed. The respondent also failed to pay him a contractual bonus he was entitled to. The company subsequently went into administration. The respondent did not attend the tribunal hearing to defend the claims.
Decision
The tribunal found in favour of the claimant on both claims, finding the dismissal to be unfair under section 98 of the Employment Rights Act 1996 and that there was a breach of contract regarding the unpaid bonus. The tribunal awarded a total of £76,206.34 comprising a basic award, compensatory award and contractual damages.
Practical note
Where a respondent in administration fails to attend a tribunal hearing, a claimant presenting credible evidence can succeed on unfair dismissal and breach of contract claims with substantial awards being made.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3312745/2023
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No