Mr W Lection v Store Retail Group Limited (in voluntary liquidation) — 2022

At Manchester on 6 December 2022, Employment Judge Leach heard the claim in the claimant’s absence on the respondent’s side. The tribunal amended the respondent’s name to Store Retail Group Limited and held that Mr W Lection had been unfairly dismissed. It found that he contributed to his dismissal to some extent by the responses he gave at the disciplinary hearing, so a 20% deduction was made to the compensatory award. Because he had been given a right of appeal and did not appeal, a further 15% deduction was applied under s207A of the Trade Union and Labour Relations (Consolidation) Act 1992.

The tribunal also held that the claimant had been wrongfully dismissed. It found that he was dismissed without notice in circumstances where his contract did not permit summary dismissal, and that he was entitled to one month’s contractual notice. On remedy, the tribunal awarded a basic award of £480 for unfair dismissal and accepted the compensatory heads as loss of statutory rights at £500 and loss of income from 18 June 2022 to 11 July 2022 at £1,667.50, before applying the overall 35% deduction.

After the deductions, the tribunal recorded a compensatory award of £1,062.68 for unfair dismissal and ordered payment of £1,542.68 for unfair dismissal in total. It separately ordered payment of £1,667.50 gross for breach of contract arising from the wrongful dismissal. The judgment was sent to the parties on 12 December 2022.