Mr I Miah v Urbanbubble Liverpool Limited (in Creditors’ Voluntary Liquidation) — 2022

The respondent's response was struck out after the liquidator confirmed it was not being actively pursued, and the tribunal made a determination under rule 21 of the Employment Tribunals Rules of Procedure 2013. The claimant, Mr I Miah, pursued claims for a statutory redundancy payment, unfair dismissal, breach of contract for notice pay, and unpaid holiday pay.

The statutory redundancy payment claim succeeded because the claimant had completed two years' service by the dismissal date, running from 12 June 2017 to 20 February 2020. The tribunal ordered payment of £731.64, calculated on the basis of one week's pay for each completed year of service at a gross weekly pay of £365.82.

The unfair dismissal claim also succeeded. The tribunal said it would have awarded a basic award of £731.64, but reduced that to nil under s.122(4) of the Employment Rights Act 1996 because the statutory redundancy payment had already been awarded. It awarded £500 for loss of statutory rights and no compensation for post-dismissal earnings, finding on the limited documentary evidence that the claimant had not shown any prospect of a role at Falkner Place. The total unfair dismissal award was £500.

The breach of contract claim succeeded because clause 9 of the employment contract entitled the claimant to one month's notice. The tribunal assessed damages at £1,335 net for that claim. It also found that 12 days' holiday accrued but untaken at termination had not been paid and ordered £1,097.40 gross. The total payable was £3,664.04, and the tribunal noted that the recoupment regulations did not apply to the sums awarded.