Mr R Bartlett v BM Retail Limited (In Administration) Heard: BY CVP — 2021

This was a remote Rule 21 hearing before Employment Judge JM Wade on 2 August 2021. The respondent presented no response by the return date, although the administrator had consented to the claim proceeding on 22 February 2021. The tribunal heard sworn evidence from the claimant and determined the case on that basis.

The claimant's complaints of unfair dismissal, unlawful deduction from wages and breach of contract succeeded. The tribunal said any other complaints indicated in the claim form were dismissed as being outside the jurisdiction of the Tribunal or misconceived. The judgment also records that there was no claim for a protective award in the claim form, and that if one had been presented the facts described would have given it little or no prospect of success.

On remedy, the tribunal made no basic award because the claimant had already received a statutory redundancy payment from the Insolvency Service. It awarded a compensatory award of £8,000. The judgment states that the recoupment regulations did not apply to that award, and that no other awards were made because other sums had already been paid by the Insolvency Service or were included in the compensatory award.