Miss N Gibson and others v PARC (Essex) Limited — 2023

The 21 lead and linked claimants, employed by PARC (Essex) Limited, were told on 16 June 2022 that the respondent had lost its funding and would cease operations with immediate effect; no formal notice of dismissal or P45s were provided. The respondent initially denied dismissal, asserting that the claimants had chosen to leave, but at the final hearing accepted through its trustee Mr McCann that the workforce had been made redundant due to the respondent ceasing to operate, and did not challenge the claimants' entitlement to, or the figures for, redundancy pay, unpaid wages, holiday pay, pay in lieu of notice and related claims.

For the lead claimant Miss N Gibson (case 3203961/2022), the tribunal upheld claims for unfair dismissal, a statutory redundancy payment, a protective award for failure to consult, unpaid wages, holiday pay and pay in lieu of notice. The basic award was assessed at £0 after offset against the redundancy payment, and the compensatory award reflected loss of statutory rights with a 5% uplift under s.124 ERA for failure to follow the ACAS Codes of Practice and for failure to provide a final wage slip. No separate award was made for breach of contract, those losses being absorbed within the other heads.

The total sum awarded to Miss Gibson was £8,032.42. The tribunal recorded that, as the dismissals followed the respondent's cessation of operations, no loss of earnings beyond 16 June 2022 was recoverable. The tribunal expressed the hope that the judgment would provide a basis for claimants to seek redress through the appropriate government agencies, noting the respondent's stated intention to enter voluntary liquidation.