Claimant v Homecare Northwest Ltd (in Creditors Voluntary Liquidation) — 2023

The respondent did not present a valid response on time, so Employment Judge McDonald determined the claims under rule 21 after considering the information provided by the claimants at the 7 December 2022 hearing and in response to the case management orders made at that hearing. No order was made for unpaid mileage because the claim forms did not include expenses claims, and no award was made for loss of statutory rights because the claimants had not brought unfair dismissal claims.

For Mrs H Van Weerdenburg, the tribunal found an unauthorised deduction from wages of £367.31, breach of contract in respect of notice with damages of £420.14 after mitigation against a notice entitlement of £2,320.64, redundancy pay of £2,320.64, and accrued annual leave entitlement of £1,812. The tribunal rejected her claim for loss of statutory maternity pay entitlement, holding that damages were not payable on that basis in the circumstances it identified.

For Ms C Jones, Mrs V Coull-Middling and Mr G Middling, the tribunal upheld claims for unauthorised deduction from wages, notice pay breach of contract, and redundancy payment. Ms C Jones received no notice damages because her earnings in new employment exceeded the £2,863.84 notice entitlement, while Mrs V Coull-Middling and Mr G Middling received notice damages of £175.10 and £957.52 respectively. The redundancy payments were £4,295.76 for Ms C Jones, £730.20 for Mrs V Coull-Middling and £3,514.57 for Mr G Middling, making a total amount ordered of £15,370.45.