Claimant v Moorland Private School Limited (in voluntary liquidation)
Outcome
Individual claims
The claimant was warned he was at risk of redundancy on 26 July 2024 and his employment was terminated on 7 August 2024. With 4 completed years of service from 30 September 2019, aged 38 at termination, he was entitled to statutory redundancy pay calculated at £298 weekly pay × 4 years × 1 week per year.
The respondent failed to give the contractually required notice by the specified deadline (within the first two operational weeks of the summer term, 1 April). Under section 5.3 of the contract, this triggered a financial penalty equal to the lower of £5,000 or full term's pay. The tribunal awarded full term's pay of £3,580.32.
The claimant was contractually entitled to approximately 16 weeks annual leave per year. At the effective date of termination, he had 8 weeks of untaken annual leave entitlement remaining, which was calculated at £298 gross weekly pay × 8 weeks = £2,384.00.
Facts
The claimant was employed by a private school from 30 September 2019 until 7 August 2024. On 26 July 2024 he was warned he was at risk of redundancy but received no formal consultation or redundancy date. When he was not paid on 31 July 2024, he commenced ACAS early conciliation and filed a tribunal claim the same day. The respondent entered voluntary liquidation and failed to respond to the claim or attend the hearing despite proper notice.
Decision
The tribunal awarded the claimant £7,156.12 in a default judgment comprising statutory redundancy pay (£1,192), contractual notice pay penalty (£3,580.32) for failure to give proper notice under the contract, and payment for 8 weeks untaken annual leave (£2,384). The respondent had no reasonable excuse for failing to respond and did not attend the hearing.
Practical note
Employment contracts may contain penalty clauses for failure to give proper notice, and tribunals will enforce such terms even where the employer is in liquidation and fails to participate in proceedings.
Award breakdown
Case details
- Case number
- 6007215/2024
- Decision date
- 9 January 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Employment details
- Service
- 5 years
Claimant representation
- Represented
- No