Miss F Bennett 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 proceeded under rule 21 of the Employment Tribunals Rules of Procedure 2013. The claimant had tendered her resignation on 27 January 2020 and, under clause 9 of her contract, was required to give one month's notice. She started new employment on 27 February 2020. The tribunal found that she was dismissed without notice by the respondent on 20 February 2020, but that her employment would in any event have ended by operation of law on 26 February 2020.

The claimant succeeded in her claim for a statutory redundancy payment, which was assessed at £810.00 using one week at £405 gross weekly pay over two years. Her unfair dismissal claim also succeeded. The tribunal said it would have awarded a basic award of £810.00, but reduced that to nil under s.122(4) of the Employment Rights Act 1996 because the redundancy payment had already been awarded. It then awarded £500.00 for loss of statutory rights and no compensation for post-dismissal earnings.

The breach of contract claim succeeded because, had the contract not been breached, the claimant would have been paid for a further week until 26 February 2020. Damages were assessed at £351.25, being one week's net pay based on the gross weekly pay figure. The judgment states that the total payable by the respondent to the claimant was £1,661.25 and that the recoupment regulations did not apply.