Ms T Lamb v BM Retail Limited (In Administration) Heard: BY CVP — 2021

This was a remote hearing by CVP on 4 August 2021 before Employment Judge JM Wade. The respondent, BM Retail Limited (In Administration), did not appear. No response had been presented 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 claim on that basis.

The tribunal held that the claimant's complaints of unfair dismissal, unlawful deduction from wages and breach of contract were well founded and succeeded. It also recorded that any other complaints in the claim form were dismissed as outside the tribunal's jurisdiction or misconceived, those relating to the opportunity to be brought back from work during furlough.

In remedy, the tribunal awarded gross damages of £9,914.30 for 12 weeks' unpaid notice and pension contributions at 5.3%. It stated that the unlawful deductions complaint was remedied by that damages award. No basic award was made because the claimant had received a statutory redundancy payment from the Insolvency Service.

The tribunal also made a compensatory award of £9,250. It recorded that the claimant had secured new employment after the notice period expired, but had ongoing losses. The recoupment regulations did not apply to the award.