Ms S Islam Ms S Bacchus Mr S Fahid Mr D Liasedis v CyberSecurity 1 AB (publ) company number 556135-4811 and 1 other — 2020

The tribunal dismissed Cyber 1 Security AB from the proceedings because it was not a legal entity, and it dismissed Darren Stilwell because he was not the employer of any claimant. It found that Ms Islam, Ms Bacchus and Mr Fahid were employees of Cyber Security 1 AB (publ), while Mr Liasedis was employed by Cognosec Limited, and it held that it had jurisdiction to hear the claims notwithstanding Cyber Security 1 AB (publ) being in Swedish reconstruction because the reconstructor did not object and Swedish law did not require court or insolvency-practitioner consent. Ms Islam's unfair dismissal claim was identified but was not heard at this hearing and was left for later case management.

All four claimants were dismissed on 1 April 2020 for redundancy. The tribunal accepted the continuity of service set out in the 7 April 2020 letters for Ms Islam and Ms Bacchus, finding on the balance of probabilities that the relevant companies were associated through Kobus Paulson's part ownership and control and, in Ms Islam's case, that her contract expressly counted prior Securetrading service. It rejected reliance on the erroneous payslips and P45s, accepted that March 2020 pay, accrued holiday pay, notice pay and redundancy pay were outstanding, and noted that Ms Islam was also owed expenses.

For Ms Islam, the tribunal awarded £10,416.66 for unpaid March salary, £3,605.77 for accrued holiday, £25,000 for contractual notice pay, £3,675 redundancy pay and £258 expenses. It found that her contractual entitlement to notice was £31,250 gross for three months, but the tribunal's breach of contract jurisdiction capped the award at £25,000. Ms Bacchus was awarded £3,750 salary, £576.35 holiday pay, £4,326.90 notice pay and £2,625 redundancy pay; Mr Fahid was awarded £3,166.67 salary, £2,448.08 holiday pay, £1,461.54 notice pay and £1,575 redundancy pay; and Mr Liasedis was awarded £7,500 salary, £2,803.85 holiday pay, £7,500 notice pay and £1,837.50 redundancy pay. All sums were stated gross, and the tribunal noted that unpaid pension contribution claims were being pursued with the Pensions Regulator.