Mrs S Downing v BM Retail Limited (In Administration) Heard: BY CVP — 2021

At the remote hearing on 3 August 2021, Employment Judge JM Wade heard sworn evidence from Mrs S Downing. No response had been presented by the return date, and the administrator had consented to the claim proceeding on 22 February 2021. The tribunal issued a Rule 21 judgment and upheld the claimant's complaints of unfair dismissal, unlawful deduction from wages and breach of contract.

Any other complaints indicated in the claim form were dismissed as outside the tribunal's jurisdiction or misconceived. The tribunal recorded 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 would have given it little or no prospects of success.

On remedy, the tribunal made no basic award because the claimant had received a statutory redundancy payment from the Insolvency Service. It awarded a compensatory award of £12,128, stated that the recoupment regulations did not apply, and made no awards in respect of other claims because any other sums had been paid by the Insolvency Service or were included in the compensatory award.