Mr J Ezard v Total Physiotherapy Limited (in voluntary liquidation) — 2022

The tribunal amended the claimant's ET1 to include a breach of contract claim for six weeks' unpaid notice and ordered Total Physiotherapy Limited (in voluntary liquidation) to pay £1,346.28 gross, subject to deductions for tax and national insurance. The judgment records that the amendment would stand if no reconsideration request was made within 28 days.

On the unfair dismissal claim, the tribunal accepted that the claimant was fairly dismissed by reason of redundancy, but found the process unfair because there had been no consultation. It calculated a basic award of £448.76, then reduced that award to nil because the claimant had already received £448.76 from the Insolvency Service for two weeks' redundancy payment. The compensatory award was nil under the Polkey principle because the tribunal considered the claimant would have been dismissed in any event once the respondent had gone into liquidation.

The tribunal also upheld the complaint under Trade Union and Labour Relations (Consolidation) Act 1992 s188 and ordered a protective award under s189 for a protected period of 90 days beginning on 02 May 2022. The award is expressed as remuneration for that period and, using the weekly wage stated in the judgment, comes to £2,884.89.