Case 2200370/2021 · Employment Tribunal
Mr Z Ng (C1) and Mrs P Ng (C2) v Lotus Afloat Ltd — 2021
- Case reference
- 2200370/2021
- Decision date
- 26 October 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Employment Judge
Parties
2 namedClaimant
Mr Z Ng (C1) and Mrs P Ng (C2)
Respondent
Key findings
Tribunal's reasoningMr Z Ng and Mrs P Ng were long-serving employees at The Lotus restaurant. The respondent's late response had been rejected, there was no effective attendance for most of the hearing, and the tribunal proceeded on the claimants' evidence and documents. It found that the restaurant was sold in late September 2020 and that Mr Zhang emailed employees on 3 October 2020 saying he would go through "resignation procedures" and that this was the "final notice", which he later explained meant redundancy procedures.
The tribunal found that neither claimant, nor the other affected employees, received prior consultation, warning or notice before dismissal. It found a breach of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 because over 20 employees were made redundant without collective consultation. It also found that the claimants were entitled to statutory redundancy payments, unpaid holiday pay for 23 days, and notice pay, so the claims for unfair dismissal, redundancy pay, holiday pay, breach of contract and protective award all succeeded.
Remedy was assessed separately for each claimant. For C1, the tribunal awarded £9,969.21 redundancy pay, £18,624.74 as the unfair dismissal compensatory award, £1,698.32 holiday pay and a £6,645.60 protective award, giving a total monetary award of £36,937.87 and a prescribed element of £14,928.58. For C2, the corresponding figures were £7,615.30, £17,931.90, £1,592.29 and £6,230.70, with a total monetary award of £33,370.21 and a prescribed element of £15,461.94. No basic award was made because statutory redundancy payments were awarded.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Aggregate of the two claimants' unfair dismissal compensatory awards; the tribunal said these included failure to pay notice pay and £450 each for loss of statutory rights. | Upheld | — | £36,557 |
| Redundancy | Statutory redundancy payments of £9,969.21 to C1 and £7,615.30 to C2. | Upheld | — | £17,585 |
| Holiday pay | The tribunal accepted 23 days' accrued holiday pay for each claimant; the awards were gross and subject to deductions. | Upheld | — | £3,291 |
| Breach of contract | Failure to pay notice pay; the notice element was included within the unfair dismissal compensatory awards rather than being separately quantified. | Upheld | — | — |
| Other | Declaration of failure to comply with section 188 TULRCA 1992 and protective awards of 90 days' pay to each claimant. | Upheld | — | £12,876 |
Remedy
Monetary award- Total award
- £70,308
- across all upheld claims
- Compensatory award
- £36,557
- compensatory remedy recorded
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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