Claimant v Attention Seekers Productions Limited
Outcome
Individual claims
This was a default judgment entered under Rule 21 because the respondent, in voluntary liquidation, did not respond to the claim or attend the hearing. The tribunal found the unfair dismissal claim well-founded in the respondent's absence.
The tribunal declared that the respondent made an unauthorised deduction of wages by failing to pay the claimant his wages for June 2024. This was accepted as the respondent did not attend to contest the claim.
The tribunal found the respondent failed to comply with section 188 collective consultation requirements before dismissing the claimant. As this was a mass redundancy situation and the respondent did not attend, the maximum 90-day protective award was granted as just and equitable.
Facts
Mr Newstead was employed by Attention Seekers Productions Limited for six years. The company went into voluntary liquidation and dismissed him without paying his June 2024 wages or consulting on collective redundancies. The respondent did not defend the claim or attend the hearing. The claimant appeared in person and presented his claims for unfair dismissal, unpaid wages, and failure to consult.
Decision
The tribunal entered default judgment in the claimant's favour on all claims. He was awarded a basic award of £4,200, compensatory award of £1,054.76 for loss of statutory rights only, £4,583.33 for unpaid June wages, and a maximum 90-day protective award of £13,561.20 for failure to inform and consult, totalling £23,399.29.
Practical note
When an employer in liquidation fails to respond or attend, tribunals will enter default judgment and may award the maximum protective award where collective consultation obligations were breached.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6008777/2024
- Decision date
- 16 December 2024
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- media
- Represented
- No
Employment details
- Service
- 6 years
Claimant representation
- Represented
- No