Mrs C Charlton v Short Richardson and Forth Limited In Voluntary Liquidation — 2023

The tribunal entered judgment under Rule 21 because the respondent did not file a response and the liquidator had stated that the claim would not be defended. It found that the respondent proposed to dismiss 20 or more employees as redundant and that there had been no proper warning or consultation with a recognised trade union, the claimant, or elected employee representatives between 5 September 2022 and 30 September 2022.

On that basis, the tribunal held that the respondent had breached section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 and made a protective award for the maximum protected period of 90 days beginning on 30 September 2022. The judgment also recorded that the recoupment regulations applied to that award.

The tribunal dismissed the holiday pay claim because it accepted the Insolvency Service calculation that 3.86 days were due and found no evidence supporting the claimant's assertion that 6 days were owed. It upheld the wrongful dismissal claim because the claimant was dismissed without notice, but found that she was entitled to one week's notice rather than three months and, after crediting the Redundancy Payment Services payment already made, awarded £37.70 net. No award was made for pension contributions because that matter was being dealt with by Clumber Consultancy.