Mr D Mosdell 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 determined the case under rule 21. The claimant’s unfair dismissal and breach of contract complaints had been brought outside the relevant time limits, but the tribunal accepted the explanation in the particulars of claim and found it was not reasonably practicable for them to have been presented in time, so they were allowed to proceed.

The claimant succeeded in his statutory redundancy payment claim. The tribunal ordered payment of £352.00, calculated on the basis of one week, two years’ service, and £176 gross weekly pay. The unfair dismissal claim also succeeded. The tribunal said it would have awarded a basic award of £352.00, but reduced that to nil under s.122(4) of the Employment Rights Act 1996 because the redundancy payment had already been awarded.

For unfair dismissal remedy, the tribunal awarded £500.00 for loss of statutory rights. It made no award for post-dismissal earnings because it found the claimant’s employment would have ended on 20 February 2020 in any event. The total unfair dismissal award was therefore £500.00.

The claimant also succeeded on his breach of contract complaint. The tribunal found he had been dismissed without notice in breach of his employment contract and was entitled to one month’s notice. Damages were assessed at £693.33 net. In addition, the tribunal found that two days’ accrued but untaken holiday remained unpaid on termination and ordered £64.00 gross in respect of that claim. The total payable was £1,609.33, and the recoupment regulations did not apply.