Cases1401603/2024

Claimant v Secretary of State for Business and Trade

1 April 2025Before Employment Judge FergusonBristolremote video

Outcome

Claimant succeeds£1,183

Individual claims

Redundancy Paysucceeded

Tribunal declared that Sophisticated Solutions Ltd is liable to pay a redundancy payment to Mrs H Costick. The Secretary of State was ordered to pay the statutory redundancy sum as the employer is insolvent.

Unlawful Deduction from Wagessucceeded

Tribunal found arrears of pay were owed to Miss N Costick (£473.19) and Mrs H Costick (£90.21) and ordered the Secretary of State to make payments under section 182 ERA 1996 due to employer insolvency.

Facts

Three claimants brought claims against the Secretary of State for Business and Trade following the insolvency of their employer, Sophisticated Solutions Ltd. Miss D Read did not attend the hearing. Miss N Costick and Mrs H Costick attended in person seeking redundancy payments and arrears of pay. The Secretary of State did not attend but relied on written submissions.

Decision

The tribunal dismissed Miss D Read's claim under Rule 47 for non-attendance. The tribunal declared Sophisticated Solutions Ltd liable to pay redundancy to Mrs H Costick and ordered the Secretary of State to pay £619.14 redundancy payment. The tribunal also ordered the Secretary of State to pay arrears of £473.19 to Miss N Costick and £90.21 to Mrs H Costick under section 182 ERA 1996.

Practical note

Claims against the Secretary of State under the insolvency provisions of ERA 1996 provide an effective route for employees to recover redundancy payments and arrears when their employer becomes insolvent.

Award breakdown

Arrears of pay£563
Redundancy pay£619

Legal authorities cited

Statutes

ERA 1996 s.170ERA 1996 s.168ERA 1996 s.188ERA 1996 s.182

Case details

Case number
1401603/2024
Decision date
1 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
central government
Represented
No

Employment details

Claimant representation

Represented
No