Mr David Kushner v D & M Haulage Limited (In Voluntary Liquidation) AT A FINAL HEARING — 2023

At the final hearing on 7 September 2023 in Lincoln, before Employment Judge Clark sitting alone, the claimant appeared in person and the respondents did not attend or take part. The tribunal noted that the respondent had failed to enter a response and that it accepted the claimant's evidence of earnings and losses.

The tribunal found that Mr David Kushner was unfairly dismissed on 3 March 2023. It also found that he was entitled to a statutory redundancy payment, although that payment had already been satisfied by the Redundancy Payments Service in the sum of 5787. On the evidence accepted by the tribunal, it awarded 2407.86 for unfair dismissal compensation, made up of four weeks' loss of net wages to 31 March 2023 and loss of employer pension contributions for that period.

The tribunal also awarded 1285 for 2.2 weeks of accrued but untaken annual leave outstanding at termination, and a further 1142 under section 38 of the Employment Act 2002 because, at the date of presentation of the claim form, the respondent had not provided a written statement of the main terms of employment.