Case 2410856/2023 · Employment Tribunal
Mr M Bibby v DBK Construction Limited (in liquidation) and 1 other — 2024
- Case reference
- 2410856/2023
- Decision date
- 4 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne Representatives
Parties
3 namedClaimant
Mr M Bibby
Key findings
Tribunal's reasoningEmployment Judge Horne, sitting at Liverpool (CVP) on 20 February 2024, found that the claimant Mr M Bibby was entitled to a redundancy payment from the first respondent, DBK Construction Limited (in liquidation), in the sum of £11,538.46. Because the first respondent was in liquidation, that amount was held to be payable by the Secretary of State for Business and Trade under section 168 of the Employment Rights Act 1996.
The judge further determined that the Secretary of State ought to make a payment to the claimant under section 182 of the Employment Rights Act 1996 in respect of sums DBK Construction Limited was liable to pay for failure to give statutory notice of termination. That payment was assessed at £3,692.24, bringing the total amount payable by the Secretary of State to £15,230.70.
The first respondent did not appear and was not represented. The second respondent appeared by Miss S Ware, lay representative. The judgment notes that the Secretary of State may make deductions for tax and national insurance when paying the notice-related sum, and that written reasons would not be provided unless requested within 14 days.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Claimant entitled to a redundancy payment from DBK Construction Limited; payable by the Secretary of State under section 168 ERA 1996 in light of the employer's liquidation. | Upheld | — | £11,538 |
| Breach of contract | Payment under section 182 ERA 1996 in respect of DBK Construction Limited's failure to give statutory notice of termination. | Upheld | — | £3,692 |
Remedy
Monetary award- Total award
- £15,231
- across all upheld claims
Legal tests applied
2 references- section 168 of the Employment Rights Act 1996
- section 182 of the Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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