Mrs J Starkie v Shifrank Ltd (in creditors’ voluntary liquidation) — 2025

The tribunal entered judgment under Rule 21 of the Employment Tribunals Rules of Procedure 2013. It found the claimant’s breach of contract complaint in relation to notice pay well-founded and ordered the respondent to pay £2,700 in damages. The judgment says the figure was calculated using gross pay because the claimant might have to pay tax on it as Post Employment Notice Pay.

The unfair dismissal complaint was also found well-founded. The tribunal recorded that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and that it was just and equitable to increase the compensatory award by 25% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992. On that basis, it awarded a basic award of £6,750, a compensatory award of £7,312.50, made up of £5,850 for loss of earnings and a £1,462.50 ACAS uplift, and £500 for loss of statutory rights.

The holiday pay complaint was found well-founded as an unauthorised deduction from wages because the respondent failed to pay the claimant for holidays accrued but not taken when employment ended. The tribunal ordered payment of £360 and noted that the claimant is responsible for any tax or National Insurance on that sum. The judgment states that the total amount payable under the judgment was £17,622.50.

The written record also included the standard Employment Tribunals (Interest) Order 1990 notice, stating that the stipulated rate of interest was 8% per annum if any sum remained unpaid after the relevant decision day. The claimant’s disability discrimination claim was not determined by this judgment and remained listed for a preliminary hearing.