Mrs A Mosdell v Urbanbubble Liverpool Limited (in Creditors’ Voluntary Liquidation) — 2022

The respondent’s response was struck out after the liquidator confirmed that it was not being actively pursued, and the tribunal determined the case under rule 21 of the Employment Tribunals Rules of Procedure 2013. The claimant’s unfair dismissal and breach of contract complaints had been presented outside the ordinary time limits, but the tribunal accepted the explanation in the particulars of claim and held that it was not reasonably practicable for those claims to have been brought in time and that they had been brought within such further period as was reasonable.

The claimant succeeded in her claim for a statutory redundancy payment, which was awarded at £792 on the basis of 1.5 weeks per year for 3 years using a gross weekly pay of £176. The unfair dismissal claim also succeeded. The tribunal said it would have awarded a basic award of £792, 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 for loss of statutory rights and no compensation for post-dismissal earnings because it found the claimant’s employment would have ended on 20 February 2020 in any event.

The breach of contract claim succeeded because the claimant had been dismissed without notice when she was entitled to one month’s notice, and damages of £693.33 net were ordered. The tribunal also found that the respondent had not paid for 5 days of holiday accrued but untaken at the end of employment and ordered payment of £160 gross. The total payable to the claimant was £2,145.33, and the recoupment regulations did not apply to the sums awarded.