Mr K Daniel v Cardinal Shopfitting + Systems Ltd — 2020

Mr K Daniel brought claims including unfair dismissal, redundancy pay, notice pay, holiday pay and non-payment of wages against Cardinal Shopfitting + Systems Ltd, which by then was in administration. The respondent's ET3 denied unfair dismissal but said the claimant had been dismissed for redundancy on 13 July 2020 when administrators were appointed, and accepted that he was entitled to redundancy pay, notice pay and accrued holiday pay and may also be entitled to arrears of pay.

At the hearing on 15 December 2020 the respondent did not attend. The claimant said he had received both a redundancy payment and his outstanding holiday pay through the Redundancy Payments Office, so he withdrew the unfair dismissal, redundancy payment and accrued holiday pay claims. He explained that he had received no notice or payment in lieu and that one week’s wages in hand remained unpaid; his gross weekly pay was £370.00.

Employment Judge Parkin therefore entered judgment only on the remaining money claims. The tribunal held that the respondent wrongfully dismissed the claimant in breach of contract in respect of his notice entitlement and awarded £740.00 gross, representing two weeks’ wages at statutory minimum notice entitlement. It also found an unlawful deduction from wages in respect of the week in hand and awarded £370.00 gross. The judgment noted that if further payments are made by the Redundancy Payments Office in respect of these items, the claimant will need to give credit for them, and that the breach-of-contract damages were assessed on the claimant’s gross pay for the notice period.