Claimant v Enseigner Scotland Ltd
Outcome
Individual claims
All three claimants' employment was terminated on 4 April 2024 without notice or warning, and no process was followed. The respondent failed to defend the claims. The tribunal found the dismissals were unfair as they were summary terminations without any fair procedure.
The respondent failed to pay the claimants their March 2024 salary, notice pay, and accrued holiday pay. On 1 April 2024 the respondent admitted it did not have funds to pay them. The tribunal found these were unlawful deductions from wages.
Facts
Three employees of Enseigner Scotland Ltd were summarily dismissed on 4 April 2024 when the respondent informed them by email it had no funds to pay their March salaries and they need not attend work. The claimants were long-serving employees: Broncel (Kitchen Manager, 14 years), Rushton (Chef Tutor, 2 years) and Macmillan (Head Chef Tutor, 6.5 years). None had employment contracts. The respondent failed to pay March salaries, notice pay or accrued holiday pay. No ET3 was filed and the respondent did not attend the hearing.
Decision
The tribunal found all three unfair dismissal and unlawful deduction claims succeeded as default judgments. Awards totalled £12,009.56 for Broncel, £4,679.60 for Rushton, and £8,735.32 for Macmillan, comprising basic awards, unpaid wages, notice pay and holiday pay. No compensatory awards were made to Broncel and Macmillan as they quickly found alternative employment at similar or better salaries, successfully mitigating their losses.
Practical note
When an insolvent employer summarily dismisses staff without warning or process and fails to defend claims, tribunals will award statutory entitlements but limit compensatory awards where claimants successfully mitigate losses through swift re-employment.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 4106260/2024
- Decision date
- 18 December 2024
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- education
- Represented
- No
Employment details
- Role
- Kitchen Manager / Chef Tutor / Head Chef Tutor
Claimant representation
- Represented
- No