Mr L Daniels v Kingly Solicitors Ltd. t/a Coles Solicitors (in voluntary liquidation) — 2021

Mr L Daniels brought claims against Kingly Solicitors Ltd t/a Coles Solicitors, which was in voluntary liquidation and did not attend. At the outset he withdrew the compensatory element of his unfair dismissal claim, and the tribunal noted there was no stay under section 112 of the Insolvency Act 1986. The unfair dismissal claim was therefore recorded as dismissed upon withdrawal.

The tribunal found that Daniels had been employed from 1 April 2019 as a solicitor on a contract entitling him to 3 months' notice, 24 days' holiday plus bank holidays, travel expenses for work journeys, and a contractual bonus of 10% of fees billed over target. Following the SRA intervention on 12 August 2020, the respondent's offices closed immediately and Daniels was dismissed by reason of redundancy without warning, consultation or notice. The tribunal accepted that he had taken 9 days' leave, and that no payment had been made on termination for notice, accrued holiday, expenses, the bonus, or wages for 1 to 12 August 2020.

The tribunal upheld the breach of contract claim for notice pay, holiday pay, expenses and the contractual bonus. It calculated notice pay at £5,887.18 net plus £265.19 employer pension contributions after deducting the Redundancy Payments Service payment, holiday pay at £215.54, expenses at £123.75, and the bonus at £12,591.69, giving £19,083.35. It also upheld the unlawful deduction from wages claim for the unpaid August wages and awarded £1,000.72 plus £83.04 employer pension contributions. No ACAS uplift was made because the tribunal found the respondent could not reasonably have engaged with the Code after 12 August 2020.