Miss C Davis v BM Retail Limited (In Administration) Heard: BY CVP — 2021

The claim was heard remotely by CVP 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 tribunal heard sworn evidence from Miss C Davis and decided the case under Rule 21.

The tribunal found that Miss Davis's complaints of unfair dismissal, unlawful deduction from wages and breach of contract were well founded and succeeded. Any other complaints in the claim form were dismissed as outside the tribunal's jurisdiction or misconceived. The judgment also records that there was no protective award claim in the ET1; the judge said that, had one been presented, the facts described suggested it would have had little or no prospects of success.

On remedy, the tribunal noted that the claimant had obtained new employment but still had ongoing losses. No basic award was made because she had received a statutory redundancy payment from the Insolvency Service. The tribunal awarded a compensatory award of £14,569.

The judgment states that no separate award was made for breach of contract or arrears because those sums were included in the compensatory award, which also gave credit for sums paid by the Insolvency Service. The recoupment regulations did not apply.