Case 3206176/2021 · Employment Tribunal
Mr C Archibold and others v Norwegian Air Resources UK Ltd (in voluntary liquidation) and 1 other — 2023
- Case reference
- 3206176/2021
- Decision date
- 11 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Representation For
- Venue
- East London Hearing Centre
Parties
3 namedClaimant
Mr C Archibold and others
Key findings
Tribunal's reasoningThe Claimants were employed as short-haul cabin crew by Norwegian Air Resources UK Limited until it went into liquidation in January 2021. They were dismissed by reason of redundancy on 29 January 2021 and claimed statutory notice pay from the National Insurance Fund, administered through the Redundancy Payments Service on behalf of the Secretary of State.
The tribunal found that income from alternative work obtained before dismissal was not deductible from statutory notice pay merely because the work had been obtained during furlough. The Second Respondent was only entitled to deduct income from alternative work found during the notice period and as a result of the dismissal, including any increased earnings from a pre-existing second job after dismissal.
On benefits, the tribunal recorded that the parties agreed the Second Respondent could deduct employment-related benefits to which the Claimants were entitled but did not claim. However, the Second Respondent bore the burden of showing both entitlement to benefits and that any failure to claim them was unreasonable. The tribunal therefore ordered the outstanding sums to be calculated using those principles, and the Claimants withdrew the proceedings against the First Respondent.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The tribunal found that the Second Respondent had failed to pay, or had underpaid, statutory notice pay due under sections 182 and 184 ERA 1996. The exact sums were to be calculated in accordance with the tribunal's legal approach. | Upheld | — | — |
| Breach of contract | The proceedings against the First Respondent were dismissed following withdrawal by the Claimants after the tribunal's findings on entitlement to payment from the Second Respondent. | Withdrawn | — | — |
Legal tests applied
5 references- sections 182, 184 and 188 Employment Rights Act 1996
- Westwood v Secretary of State for Employment
- Secretary of State for Employment v Stewart
- Cooper Contracting Ltd v Lindsey
- Savoia v Chiltern Herb Farms Ltd
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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