Claimant v Wortley Shoot Limited (in creditors voluntary liquidation)
Outcome
Individual claims
The respondent admitted dismissing the claimant but failed to prove a fair reason for the dismissal. The tribunal found the complaint well founded and determined the claimant was unfairly dismissed.
The complaint regarding notice pay was dismissed because the claimant failed to prove to the tribunal's satisfaction that his contract of employment was not liable to summary termination.
The claimant failed to prove his case regarding holiday pay to the satisfaction of the tribunal, resulting in the complaint being dismissed.
The claimant failed to prove to the tribunal's satisfaction that the respondent made unauthorised deductions from his wages.
Facts
Mr Jones was employed by Wortley Shoot Limited from 6 May 2017 to 1 March 2024, earning £28,000 per annum. The respondent went into creditors voluntary liquidation. Neither party attended the hearing held by CVP on 11 March 2025. The tribunal proceeded under Rule 47 based on available information.
Decision
The tribunal found the unfair dismissal claim succeeded as the respondent admitted the dismissal but failed to prove a fair reason. A basic award of £4,846.14 was granted but no compensatory award as the claimant failed to satisfy the tribunal it was just and equitable. Claims for notice pay, holiday pay, and unauthorised deductions failed due to insufficient proof.
Practical note
In default judgment scenarios involving insolvent respondents, claimants must still satisfy the tribunal with evidence to succeed on all claims beyond basic unfair dismissal findings where the burden shifts to the respondent.
Award breakdown
Award equivalent: 9.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6004175/2024
- Decision date
- 14 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £25,000–£30,000
- Service
- 7 years
Claimant representation
- Represented
- No