Mr S Warden v Kirkgate Anglers Limited (in liquidation) — 2020

Employment Judge Little heard the case by telephone on 15 December 2020. The claimant appeared in person. The respondent did not attend or appear, and the judgment records that the liquidator had written to say the claim would not be defended. The tribunal also noted that the respondent was in creditor's voluntary liquidation, which had commenced on 23 December 2019.

The complaint of unfair dismissal succeeded. The basic award was calculated on the basis that the claimant was 48 years old at dismissal, had 30 complete years of service, and had gross weekly pay of £460, producing a basic award of £10,810. The tribunal also awarded compensation for unfair dismissal consisting of £4,686 for immediate loss, £1,248 for future loss, and £500 for loss of statutory rights.

The tribunal further found that the claimant had been wrongfully dismissed and awarded £4,380 for statutory notice pay, based on 12 weeks at his net weekly pay of £365. It also found an unlawful deduction from wages because the respondent had not paid him for the last eight days he worked, awarding £730.

The tribunal allowed an amendment to add a holiday pay complaint and held that this also succeeded. It found that the claimant was entitled to six days of accrued but untaken holiday, valued at £547.50. The judgment records that the respondent was to make payment of the compensation and damages forthwith.