Miss R Dicocco v Greenbrow Social Club Ltd and 1 other — 2022

The first respondent indicated in its response that it did not resist the claimant's claims, and the Tribunal decided the claims could be determined under rule 21. The claimant was employed by the first respondent from 29 October 2015 until 3 November 2020, had five completed years of service, and her weekly pay was found to be £130.80 based on evidence from the wages clerk.

The unfair dismissal claim succeeded. The Tribunal awarded a basic award of five weeks' pay and a compensatory award for loss of earnings, limiting the loss period on the basis that the first respondent went into administration on 21 July 2021 and the claimant's employment would more likely than not have ended then in any event. The compensatory award covered 32 weeks after the initial notice period, and no award was made for loss of statutory rights.

The Tribunal also awarded notice pay of five weeks' pay and holiday pay of £478.73 for untaken holiday entitlement. No judgment was made against the second respondent at that stage, and the Tribunal stated that the file would be closed in relation to the second respondent if the claimant did not notify it within three months that she wished to pursue claims against that respondent.