Mr John Sissons First v Stelco Europa Ltd (In liquidation) Second Respondent: The Secretary of State for Business Energy and Industrial Strategy — 2022

No response was presented by the first respondent, so judgment was entered against it under Rule 21 of the Employment Tribunal Rules 2013. The second respondent filed a response which the tribunal treated as written submissions under Rule 42. Employment Judge Millns sat alone at Nottingham by CVP on 22 March 2022.

The claimant succeeded in his statutory redundancy payment claim under s.166 ERA 1996 and was awarded £13,872 against the second respondent. He also succeeded in claims for unauthorised deduction from wages (£11,250 gross) and holiday pay (£10,250.01 gross). For those claims, the tribunal ordered split payments between the second respondent and the first respondent, subject to deductions for tax and national insurance, with the second respondent paying £4,352 and £3,264 respectively and the first respondent paying £6,898 and £6,986.01 respectively.

The tribunal found that the first respondent was in breach of contract for failing to pay employer pension contributions, awarding £337.50, and that it breached the contract by dismissing the claimant without notice. Notice pay was assessed at £10,676.52 net, again split between the respondents as £4,704 from the second respondent and £5,972.52 from the first respondent. The claim under sections 123-125 of the Pensions Scheme Act 1993 was withdrawn and dismissed. The first respondent was also found to have unreasonably failed to follow the ACAS Code, so a 25% uplift of £3,471 was added to its liabilities for the wages and holiday pay awards. The monetary awards recorded in the judgment total £49,857.03, before any deductions on the gross sums where ordered.