Valentin Todorov v Apex Logistics Solutions Ltd (in voluntary liquidation) — 2022

Valentin Todorov was employed by Apex Logistics Solutions Ltd from 23 February 2019 to 26 February 2020 on a gross salary of £30,000 paid monthly. He was denied access to the respondent's premises on 6 February 2020 but continued to work with David Perry, a director of the respondent, and was told he would be paid for that work. On 26 February 2020 the respondent did not pay his February salary of £2,500 gross, and he treated himself as dismissed. The respondent later issued a P45 dated 4 March 2020 showing a last day of employment of 29 February 2020.

The claimant presented claims on 6 April 2020 for unfair dismissal, redundancy pay, notice pay and unpaid wages. At a preliminary hearing on 22 November 2021, Employment Judge Barrett struck out the unfair dismissal and redundancy claims because of length of service. At the final hearing, the tribunal considered the respondent's liquidation and decided it was fair and in the interests of justice to proceed, noting that the ET1 had been sent to the liquidators and that the respondent had not engaged with the proceedings.

The tribunal found that the respondent had made unauthorised deductions from wages and had breached the contract by failing to give one month's notice. It ordered payment of £1,994.68 gross for unpaid wages and £2,500 gross for notice pay. The judgment states that both awards were expressed as gross figures and may be subject to deductions for income tax and national insurance if required.