Claimant v Helix 22 Limited (In administration)
Outcome
Individual claims
The tribunal found the claimant was entitled to 8 weeks arrears of pay at £490 per week, totalling £3,920. The claim was brought against the Secretary of State under s.182 Employment Rights Act 1996 following the insolvency of the first respondent.
The tribunal awarded holiday pay for 11 months of service calculated at 5.1 weeks multiplied by weekly net pay of £490, totalling £2,515.34. The claim was brought under s.184 ERA 1996 against the Secretary of State.
The tribunal found the claimant was entitled to notice pay of one week net pay (£490) which had not been paid. This was awarded under s.184 ERA 1996 from the Secretary of State following the employer's insolvency.
Facts
The claimant was employed by Helix 22 Limited from 1 December 2022 to 5 March 2024 on an annual salary of £30,000 from December 2023. The first respondent went into administration and became insolvent. The claimant was owed 8 weeks of arrears of pay, one week's notice pay, and holiday pay accrued over 11 months of service. The claimant brought claims against the Secretary of State for Business and Trade for payment of these sums under the insolvency provisions.
Decision
The tribunal found the claimant was an employee entitled to employer payments from the Secretary of State under ss.166(1), 182 and 184 of the Employment Rights Act 1996. The tribunal awarded £6,925.34 comprising arrears of pay (£3,920), notice pay (£490) and holiday pay (£2,515.34), all calculated based on weekly net pay of £490.
Practical note
When an employer becomes insolvent, employees can recover unpaid wages, notice pay and holiday pay from the Secretary of State under the statutory insolvency provisions, subject to statutory caps.
Award breakdown
Award equivalent: 12.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3305878/2024
- Decision date
- 4 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 1 years
Claimant representation
- Represented
- No