Ryan Lawton v Gas Membrane Installations Ltd (in Voluntary Liquidation) — 2023

Ryan Lawton worked for Gas Membrane Installations Ltd as a remote gas membrane installer from 11 October 2021. The respondent gave notice of the appointment of liquidators effective 29 June 2022, did not appear at the hearing, and the liquidators did not respond to the claim. The claimant gave oral evidence, which the Employment Judge accepted, and the judge also accepted his emailed schedule of sums as accurate.

The tribunal recorded that the claimant was entitled to pay and a meal allowance, that there were shortages in pay and allowances, and that when he raised the problem with Roger Semple it was initially corrected but then recurred. The claimant gave one week's notice and did not work that notice because it fell over the Christmas break, with a leaving date of 1 January 2022.

The judgment ordered holiday pay of £534.37, notice pay of £593.75, and found deductions from wages contrary to s.13 ERA 1996. It ordered unpaid wages of £871.97 and reimbursement of expenses of £197.50. The reasons state component amounts that total £2,197.59, while the operative order at paragraph 5 states a total of £2,179.59.

The tribunal noted that if the liquidators are unable to meet the award, the claimant would need to pursue a claim from the Department for Business and Trade via the government redundancy payment process.