Ms Linda Smith v Trackrok Limited (formerly SCUK Technical Services Ltd) — 2022

The hearing took place by CVP in Birmingham on 3 October 2022 before Employment Judge Hena. The respondent did not attend. The tribunal proceeded in absence under Rule 47 after finding that the respondent had notice of the hearing and had said in correspondence on 28 and 29 September 2022 that it knew of the hearing and had been advised by insolvency practitioners not to attend. The tribunal also noted the respondent's letter saying the company was being wound up, but found that it remained an active company on the hearing date.

On liability, the tribunal applied s.98(1) and (2) of the Employment Rights Act 1996 and found that the claimant's dismissal was not by reason of redundancy and instead was for a reason that was not potentially fair. The judgment records that the reason advanced in the respondent's ET3 was the belief that the claimant's role was a sham role. The unfair dismissal claim therefore succeeded.

On remedy, the tribunal ordered the respondent to pay £5,685.32. The judgment's calculation included a basic award of £1,208.40, a compensatory award of £300 for loss of statutory rights, two weeks' notice pay of £805.60, a 15% ACAS uplift, and holiday pay of £3,205.48 for 39.79 days at £80.56.