Mrs P Gray v Independent Financial Matters Limited (in Creditors’ Voluntary Liquidation) and 1 other — 2020

The tribunal held that Mrs Gray's unfair dismissal claim succeeded, but found that she had in fact been dismissed by reason of redundancy. On that basis it awarded a redundancy payment of £1,384.61 and did not make a basic award. It considered compensation for unfair dismissal but concluded that, given the first respondent's insolvency, her employment would have ended in any event even if a fair consultation and procedure had been followed, and that it would not be just and equitable to make a compensatory award.

The tribunal also found that Mrs Gray had been dismissed in breach of contract and was entitled to notice pay. It accepted that she was entitled to three weeks' notice at a net rate of £274.43 per week, totalling £823.29, but found that she had already received £411.63 by way of notice pay and £146.20 in JSA, leaving net damages of £265.46, which the first respondent was ordered to pay as a net sum.

On wages, the tribunal upheld the complaint of unauthorised deduction from wages. It found a deduction of £274.43 net for one week's wages for the period 15 October to 22 October 2018, and further unpaid sums for two weeks worked in hand at the commencement of employment, bringing the total to £823.29 net, which the first respondent was ordered to pay. It also found that the first respondent had failed to consult the claimant under s.188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, held that she was entitled to a protective award for a 90-day protected period from 22 October 2018, and noted that the protective award is a two-stage process requiring separate quantification. No awards were sought against the second respondent and the claims against it were dismissed.