Claimant v Aspiration London Ltd (in creditors voluntary liquidation)
Outcome
Individual claims
The Respondent failed to establish a potentially fair reason for dismissal under section 98 of the Employment Rights Act 1996. The claimant was summarily dismissed when the director informed her the business was closing immediately. No fair procedure was followed and no notice was given.
The Claimant was entitled to at least one week's notice under section 86 of the Employment Rights Act 1996, but received none. However, damages were limited to 3 days' net pay as she secured new employment after just 3 days, fulfilling her duty to mitigate her losses.
The Respondent failed to pay the Claimant for work performed in January 2024, constituting an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996. The tribunal awarded 30 days of unpaid wages at the daily gross rate.
Facts
The Claimant was employed as a hairstylist from February 2020 until 30 January 2024, when she was summarily dismissed by the director who told her the business was closing immediately. She received no notice pay and was not paid for January 2024 work. The Respondent entered creditors voluntary liquidation on 28 March 2024. The Claimant found new employment at a higher salary starting 3 February 2024. The Respondent did not attend the remedy hearing.
Decision
The tribunal awarded the Claimant £4,690.08 comprising: basic award for unfair dismissal (£1,849.83), wrongful dismissal damages limited to 3 days due to swift re-employment (£204.75), and unpaid wages for January 2024 (£2,635.50). All claims succeeded due to the Respondent's failure to follow fair procedures, provide notice, or pay wages owed.
Practical note
Summary dismissals without notice or proper procedure will result in unfair and wrongful dismissal findings, but wrongful dismissal damages will be limited where claimants quickly find new employment and fulfil their duty to mitigate.
Award breakdown
Award equivalent: 7.6 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2301874/2024
- Decision date
- 5 March 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Role
- hairstylist
- Salary band
- £30,000–£40,000
- Service
- 3 years
Claimant representation
- Represented
- No