Claimant v Strive Services Ltd (in liquidation)
Outcome
Individual claims
The tribunal found that the claimant was subjected to a detriment for making protected disclosures under section 43B of the Employment Rights Act 1996. The complaint was well-founded and the tribunal awarded £6,000 in injury to feelings damages plus interest.
The tribunal found the respondent made unauthorised deductions from the claimant's wages in the period to 30 June 2023. The complaint was well-founded and the respondent was ordered to pay £2,336.19 in unpaid wages.
The tribunal found the respondent was in breach of contract in failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The respondent was ordered to pay £1,269.23 in unpaid holiday pay.
The tribunal found the claimant was dismissed without full notice. The claim for wrongful dismissal was well-founded and the respondent was ordered to pay £2,015.39 in damages for breach of contract representing notice pay.
Facts
The claimant Ms O'Brien was employed by Strive Services Ltd, which entered liquidation. She made protected disclosures under the whistleblowing provisions and was subjected to detriment as a result. Her employment ended on 30 June 2023. The respondent failed to pay her wages, holiday pay and notice pay. The respondent did not attend the hearing.
Decision
The tribunal found all four claims succeeded: whistleblowing detriment, unauthorised deduction of wages, unpaid holiday pay, and wrongful dismissal. Total awards amounted to £11,620.81 including £6,000 injury to feelings for whistleblowing plus £800 interest, and various pay awards.
Practical note
Even when a respondent is in liquidation and does not attend, tribunals will proceed to hear claims and make awards if the claimant can prove their case, particularly important for whistleblowing protection claims.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2408652/2025
- Decision date
- 5 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No