Mr O Ahmed v Create Construction Ltd (in administration) and 1 other — 2023

The claimant was dismissed by reason of redundancy on 25 October 2021 after the collapse of the first respondent, which entered administration on 27 October 2021. The tribunal accepted the claimant's evidence that dismissal took effect by an email sent and received on 25 October 2021, despite the attached dismissal letter being dated 21 October 2021.

The claimant was not paid October wages, notice pay, accrued holiday pay, expenses, or a contractual bonus. The tribunal found the bonus entitlement was expressly acknowledged in the dismissal letter, was contractual rather than discretionary, and was a quantified entitlement of £20,000. The claimant's evidence and calculations were uncontested, except that the tribunal adjusted the holiday pay calculation by applying Regulation 14(b) of the Working Time Regulations 1998.

The tribunal deducted sums already received from the Insolvency Service to avoid double recovery and ordered the first respondent to pay the remaining balances. It stated that the second respondent was a party only as statutory guarantor and that the judgment did not place any additional liability on the second respondent.