Claimant v A C Plc (in administration)

The tribunal found that the respondent failed in its duty to consult the claimant and his former colleagues under section 188 TULRCA 1992. The group consisted of more than 20 employees at the Head Office who were all dismissed without proper collective consultation.

The respondent made an unauthorised deduction from wages for the period 1 August to 18 August 2023. The sum properly payable was £2,218.18, none of which was paid by the respondent. After accounting for £1,837.14 gross received from the Secretary of State, a balance of £382.04 remained due.

The claimant was entitled to one month's notice but received none from the respondent. He would have earned £2,906.56 net during the notice period. After deducting £466.28 net received from the Secretary of State, the respondent was ordered to pay the balance of £2,440.28.

No additional damages for breach of contract in relation to contractual entitlement to holiday were awarded. The tribunal appears to have concluded there was no additional entitlement beyond statutory rights.

Under the Working Time Regulations 1998, the claimant had accrued 3.53 weeks entitlement but had taken 3.4 weeks, leaving 0.13 weeks unused. At a weekly pay rate of £865.39, the claimant was awarded £112.50 gross for unused statutory holiday entitlement.