Claimant v Bradford Bradshaw Luxury Appliances Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal was well-founded. The respondent did not attend the hearing to defend the claim. The claimant was dismissed unfairly before the company went into administration on 8 March 2023.
The respondent was in breach of its duty to provide the claimant with written statement of employment particulars when proceedings began. The tribunal found no exceptional circumstances to prevent an award under section 38 Employment Act 2002.
Facts
Ms Woodroffe was dismissed by Bradford Bradshaw Luxury Appliances Limited. The respondent company subsequently went into administration on 8 March 2023. The respondent failed to provide written statement of employment particulars and did not attend the tribunal hearing to defend the unfair dismissal claim brought by the claimant.
Decision
The tribunal found the unfair dismissal claim succeeded as the respondent did not attend to defend it. However, the tribunal applied a Polkey reduction, finding that employment would have ended anyway when the company went into administration one month later, limiting compensation to that period. An additional award was made for failure to provide written employment particulars.
Practical note
Even where unfair dismissal succeeds by default, tribunals will apply Polkey principles to limit compensation where the employment would have ended anyway due to subsequent insolvency or administration.
Award breakdown
Adjustments
Employment would have ended in any event when the respondent company went into administration on 8 March 2023, when claimant would have been made redundant. Compensatory award limited to one month's loss of earnings before administration.
Legal authorities cited
Statutes
Case details
- Case number
- 1405011/2023
- Decision date
- 15 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Employment details
Claimant representation
- Represented
- No