Mr R Marshall v PGI Seating Solutions Ltd (In voluntary liquidation) — 2021

The claimant's complaint that he suffered a detriment for exercising rights under the Public Interest Disclosure Act was dismissed as not well-founded. The tribunal also dismissed the claimant's personal injury claim because it did not have jurisdiction to hear it.

The tribunal held that the claimant was entitled to a redundancy payment of £7,263, calculated as 9 weeks' gross salary capped at £538 per week and multiplied by 1.5. It also found that the respondent was in breach of contract by dismissing the claimant without giving 9 weeks' notice and awarded £5,715 gross, made up of £5,040 for 9 weeks' salary and £675 for 9 weeks' employer pension contributions, subject to deductions for tax and national insurance.

The unfair dismissal claim succeeded, but no monetary award was made. The tribunal reduced the basic award to nil because the redundancy payment was of equal amount, and reduced the compensatory award to nil because the claimant would have been made redundant in any event when the respondent went into liquidation in mid-February 2021; it also deducted the claimant's post-dismissal earnings during the compensatory period, which left no compensatory recovery and meant the recoupment regulations did not apply. The unlawful deduction from wages claim succeeded, with unlawful deductions found for overtime, bonus and holiday pay totalling £1,427 gross.