Mrs S Ebsworth v Securewest International Limited (In Voluntary Creditors Liquidation) and 1 other — 2022

Mrs Ebsworth's claims against Casson International were dismissed on withdrawal, and her claims for a redundancy payment, notice pay, arrears of pay and other payments were also dismissed on withdrawal. The tribunal then dealt with her unfair dismissal claim and a contractual holiday pay claim against Securewest International Limited.

The tribunal found that Mrs Ebsworth was unfairly dismissed because Securewest failed to consult. It found that, on the papers and evidence available, had consultation taken place the dismissal would have been by reason of redundancy, would have taken place within the notice period, and would have been fair. The tribunal noted that the Recoupment Regulations did not apply, and that Mrs Ebsworth had already been paid a sum equal to her notice pay by the Redundancy Payments Service, so no basic award was made.

On remedy, the tribunal awarded no unfair dismissal compensation beyond the interest Mrs Ebsworth incurred on a £3,000 loan she took out to meet living expenses. That amount was £1,885.60. It also upheld her contractual holiday pay claim under article 6 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, finding she was owed three days' pay at a net rate of £85.27, totalling £255.81.