Cases→6007292/2024

Claimant v Sole Biz Limited

4 March 2025Before Employment Judge Victoria Butleron papers

Outcome

Claimant succeeds£1,521

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the complaint of unauthorised deductions from wages to be well-founded and awarded the claimant £1,521.03.

Redundancy Paysucceeded

The claim for redundancy payment was satisfied by payments from the Insolvency Service, confirming the claimant's entitlement.

Breach of Contractsucceeded

The breach of contract claim was satisfied by payments from the Insolvency Service.

Holiday Paysucceeded

The holiday pay claim was satisfied by payments from the Insolvency Service.

Unfair Dismissalpartly succeeded

The unfair dismissal complaint was well-founded. However, no basic award was made as it was extinguished by the redundancy payment, and the tribunal found no basis for a compensatory award given the claimant was receiving notice pay and employment would likely have ended anyway.

Failure to Inform & Consultsucceeded

The tribunal found the respondent failed to comply with the requirements of TULRCA 1992 s188 and made a protective award of 90 days beginning on 5 July 2024.

Facts

The claimant was dismissed by the respondent company which went into creditors' voluntary liquidation. The respondent failed to pay wages, redundancy, notice, holiday pay and breach of contract. The respondent also failed to comply with collective consultation requirements under s188 TULRCA 1992. Some payments were subsequently made by the Insolvency Service.

Decision

The tribunal found in favour of the claimant on all claims. Unauthorised deductions of £1,521.03 were awarded. Other claims were satisfied by the Insolvency Service. The unfair dismissal claim succeeded but no compensatory award was made. A 90-day protective award was made for failure to inform and consult.

Practical note

Even when an insolvent employer fails to engage, tribunals will make appropriate awards including protective awards for collective consultation failures, though practical recovery depends on the Insolvency Service.

Award breakdown

Unpaid wages£1,521

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s188Trade Union and Labour Relations (Consolidation) Act 1992 s192Employment Tribunals Rules of Procedure 2024 Rule 22

Case details

Case number
6007292/2024
Decision date
4 March 2025
Hearing type
rule 21
Hearing days
—
Classification
default

Respondent

Name
Sole Biz Limited
Sector
other
Represented
No

Claimant representation

Represented
No
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