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

Mrs S Kerr brought her claim against BM Retail Limited (In Administration) and the matter was heard remotely on 3 August 2021 before Employment Judge JM Wade. No response had been presented by the return date, and the administrator consented to the claim proceeding on 22 February 2021. The judge heard sworn evidence from the claimant and determined the claim under Rule 21.

The tribunal held that the claimant's complaint of unfair dismissal was well founded and succeeded. The unlawful deduction from wages and breach of contract complaints were not pursued and were dismissed. Any other complaints indicated in the claim form were dismissed as outside the Tribunal's jurisdiction or misconceived.

On remedy, the tribunal made no basic award because the claimant had already received a statutory redundancy payment from the Insolvency Service. It awarded £500 compensatory compensation to reflect loss of statutory rights only. The tribunal recorded that the claimant had secured new employment, which wholly mitigated her losses, and for that reason she did not pursue arrears of pay or damages for breach of contract. The judgment also noted that there was no protective award claim in the claim form and that, even if one had been presented, the described facts suggested it would have had little or no prospects of success. The recoupment regulations did not apply to the award.