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

The tribunal entered judgment under Rule 21 because the respondent did not present a response, and the liquidator had informed the tribunal that he did not intend to admit or defend the claim. The tribunal proceeded on the basis of the information provided by the claimant.

On the collective redundancy claim, the tribunal found that from 5 September 2022 the respondent proposed to dismiss 20 or more employees at its Newcastle office, with dismissals taking effect between 30 September 2022 and 30 November 2022. It found there was no proper warning or consultation with a recognised trade union or with the claimant, and no employee representatives had been elected or appointed for consultation. The tribunal therefore found a breach of section 188 of the 1992 Act and made the maximum protective award of 90 days' remuneration from 30 September 2022.

On wrongful dismissal, the tribunal found that the claimant had been employed since 21 April 2008 and was summarily dismissed on 30 September 2022, although she was entitled to 12 weeks' notice. It calculated net notice pay at £4,440.36 and deducted £342.03 already received from the Redundancy Payment Service, leaving £4,098.33 net payable. No award was made for pension contributions because that issue was said to be dealt with separately by Clumber Consultancy.