Claimant v CourtCare (UK) Ltd (in Voluntary Liquidation) — 2023

The claims were heard at Midlands West by CVP on 2 November 2023 before Employment Judge N. Clarke. The claimants, Caleb Ansell, Joseph Ansell and Thomas Read, appeared in person and the respondent, CourtCare (UK) Limited (in voluntary liquidation), did not attend. The tribunal recorded that the claims were for unpaid wages, including accrued holiday entitlement, and that the respondent's ET3 did not dispute that payment had not been made, but instead alleged breaches of contract, theft by unauthorised use of a credit card, and work for a competitor using the respondent's equipment.

The tribunal accepted the evidence of Caleb Ansell and Thomas Read, and was satisfied on the documents and oral evidence that none of the claimants had been paid the sums shown on their last payslips. It also accepted that none of them had been provided with written particulars of employment. The judge found that the claimants had given the notice required by statute, so there was no contractual basis proved for a longer notice period. He also accepted that the claimants had not stolen from the respondent, and that although the Ansells had worked for another company, the respondent had not proved any contractual term preventing that or any misuse of its tools or equipment.

The tribunal therefore held that the respondent was not entitled to make deductions from wages and was not satisfied that the claimants had breached their contracts of employment. It accepted each claimant's entitlement to 4.2 days' holiday pay and awarded a further two weeks' pay to each claimant under section 38 of the Employment Act 2002 for the failure to provide written terms of employment. The order recorded gross sums of £5,097.28 for Caleb Ansell, £3,879.09 for Joseph Ansell and £3,943.41 for Thomas Read, and provided that the papers should be sent to the liquidator and the Secretary of State, with judgment to follow if no objection was received within 28 days.