Claimant v Carbee Limited
Outcome
Individual claims
The tribunal dismissed the claimants' claim for redundancy pay. The judgment provides no detailed reasoning but the claims failed on their merits after a hearing where oral reasons were given.
The claimants' claim for notice pay failed and was dismissed. The tribunal heard the matter and gave oral reasons at the hearing for rejecting this claim.
The claim for holiday pay was dismissed by the tribunal. Oral reasons were provided at the hearing explaining why this claim did not succeed.
The claimants' claim for unpaid wages failed and was dismissed. The tribunal gave oral reasons at the hearing for this decision.
Facts
Mr and Mrs Briggs brought claims against their former employer Carbee Limited, which had gone into liquidation, and the Secretary of State for Business and Trade. They claimed redundancy pay, notice pay, holiday pay and unpaid wages. The first respondent did not attend the hearing. The Secretary of State was represented by the Insolvency Service.
Decision
The tribunal dismissed all of the claimants' claims after a remote video hearing. The judge gave oral reasons at the hearing explaining the decision to reject the claims for redundancy pay, notice pay, holiday pay and wages. No written reasons were produced with the judgment.
Practical note
Even where an employer is insolvent and the Secretary of State is joined as respondent, claimants must still prove their entitlement to statutory payments and may fail on the merits.
Case details
- Case number
- 2601801/2024
- Decision date
- 26 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Carbee Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No