Mrs J Currie v BM Retail Limited (In Administration) Heard: BY CVP — 2021

On 2 August 2021 Employment Judge JM Wade gave a Rule 21 judgment after no response had been presented by the respondent and the administrator had consented to the claim proceeding on 22 February 2021. After discussing the claim details with Mrs Currie and her assessment of financial losses, the tribunal said it had sufficient information to determine the case. The claimant's complaints of unfair dismissal, unlawful deduction from wages and breach of contract succeeded. Any other complaints indicated in the claim form were dismissed as outside the tribunal's jurisdiction or misconceived.

The tribunal noted that there was no claim for a protective award in the claim form and said that, had such a claim been presented, the facts described suggested it would have had little or no prospects of success. On remedy, no basic award was made because the claimant had received a statutory redundancy payment from the Insolvency Service. The respondent was ordered to pay a compensatory award of £4,500, the recoupment regulations did not apply, and no separate awards were made for the other claims because any other sums had been paid by the Insolvency Service or were included in the compensatory award.