Claimant v Confident Futures Limited
Outcome
Individual claims
The tribunal found that the claimant was not an employee of the First Respondent for the purposes of section 230 of the Employment Rights Act 1996. Without an employment relationship, no claim for unfair dismissal could succeed against this respondent.
The tribunal found that the claimant was an employee of the Second Respondent and that the dismissal was unfair. However, a Polkey deduction was applied because the claimant would have been fairly dismissed in any event due to the liquidation of the Second Respondent.
The tribunal found that the Second Respondent had made an unlawful deduction from the claimant's wages, specifically unpaid holiday pay of £560 for leave accrued between 1 January 2024 and 26 February 2024.
Facts
The claimant brought unfair dismissal claims against two respondents. She was dismissed on 26 February 2024 after approximately two years of service. The Second Respondent went into creditors voluntary liquidation. The tribunal had to determine which entity was her actual employer and whether the dismissal was fair. Neither respondent attended the hearing.
Decision
The tribunal found the claimant was not employed by the First Respondent but was an employee of the Second Respondent. Her unfair dismissal claim against the Second Respondent succeeded, but a Polkey deduction was applied because she would have been fairly dismissed anyway due to the liquidation. She was also awarded unpaid holiday pay of £560.
Practical note
Even where an unfair dismissal claim succeeds, significant Polkey reductions can eliminate future loss where the employee would inevitably have been fairly dismissed, such as in cases of employer insolvency.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2401355/2024
- Decision date
- 15 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No