Mr Karl Ramsden v Ron Chalker (“The Potato Man”) Limited (In Voluntary Liquidation) HELD AT: Manchester — 2024

Mr Karl Ramsden presented claims of unfair dismissal, redundancy payment and disability discrimination. The respondent admitted dismissal but said the reason was capability. By the hearing on 15 April 2024 the respondent was in voluntary liquidation and did not attend or provide witness evidence or a bundle. The tribunal explained that the discrimination issues would require proof that the claimant was disabled at the material time.

After discussion, Mr Ramsden and his brother chose not to pursue the disability discrimination claim and did not seek to add Mr Jonathan Chalker as a respondent. The tribunal therefore determined only the unfair dismissal claim. Applying s.98(1) Employment Rights Act 1996, it held that the respondent had failed to discharge the burden of showing a potentially fair reason for dismissal because it adduced no evidence of its reasons for dismissal, so the dismissal was unfair.

On remedy, the tribunal awarded a basic award of £11,400 based on 31 years' service, age 65 and a gross weekly wage of £380. It found that, even if a fair redundancy process had been followed, the claimant would still have been dismissed in any event, so compensation was limited to four weeks' lost SSP at £99.35 per week, namely £397.40, plus £350 for loss of statutory rights. The total compensatory award was £747.40, and the tribunal stated that the recoupment provisions did not apply. The redundancy payment and disability discrimination claims were dismissed upon withdrawal.