Mr H Khan v Rams & Co Ltd (in Creditors Voluntary Liquidation) — 2024

Mr H Khan was employed by Rams & Co Ltd as a cashier from 18 December 1999 until his dismissal on 30 September 2023. He originally advanced an automatically unfair dismissal claim based on protected disclosure, but withdrew that claim and proceeded with an unfair dismissal claim under section 98 of the Employment Rights Act 1996.

The tribunal found that the reason for dismissal was not made out, noting that no evidence was called on the respondent's behalf. It therefore found that the dismissal was unfair. It also found that the claimant did not contribute to his dismissal.

On remedy, Mr Khan elected reinstatement, but that was not possible because the respondent was in creditors voluntary liquidation. The tribunal applied the Recoupment Regulations and awarded a basic award of £10,003.20, calculated from gross weekly pay of £333.44 multiplied by 20 years and 1.5, and a compensatory award of £11,398.77 based on net weekly pay of £302.24 and 37 weeks and 5 days of immediate loss. It did not award future loss, finding that the claimant had not applied for jobs in the six months after dismissal and had also received six months' notice, and it added £500 for loss of statutory employment rights. The grand total was £21,901.97, with a prescribed element of £11,898.77 covering 30 September 2023 to 19 June 2024 and excess over that prescribed element of £10,003.20.