Claimant v B.S. Steels Limited (in Administration)
Outcome
Individual claims
The tribunal held a Rule 22 hearing in the respondent's absence as they are in administration and did not attend. The tribunal found the complaint of unfair dismissal well-founded and upheld the claim. The respondent failed to follow statutory procedures, resulting in a 15% uplift to the compensatory award.
The tribunal awarded damages for wrongful dismissal based on 4 weeks' notice pay at the net weekly rate of £1,003.11, totalling £4,012.44. This reflects the contractual notice period the claimant was entitled to but did not receive.
Facts
Mr Sayers worked for B.S. Steels Limited from 31 August 2020 until his effective date of termination on 17 July 2024. He was 55 years old at the time of dismissal and earned a gross weekly wage of £1,435.09. The respondent company entered administration and failed to follow statutory dismissal procedures. The respondent did not attend the remedy hearing held by CVP on 3 April 2025.
Decision
Employment Judge Volkmer conducted a Rule 22 hearing in the respondent's absence and found the unfair dismissal claim well-founded. The tribunal awarded a total of £50,401.07 including basic award, compensatory award for immediate loss (33.1 weeks of net pay, loss of statutory rights, pension loss, and bonus), wrongful dismissal damages for 4 weeks' notice, and a 15% ACAS uplift for failure to follow statutory procedures.
Practical note
When an employer in administration fails to attend a remedy hearing and has not followed statutory procedures, the tribunal will proceed with a Rule 22 hearing and can award a 15% ACAS uplift on top of full compensatory damages.
Award breakdown
Award equivalent: 35.1 weeks' gross pay
Adjustments
Failure by employer to follow statutory procedures resulted in 15% uplift
Case details
- Case number
- 6018776/2024
- Decision date
- 3 April 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Salary band
- £60,000–£80,000
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister