Case 3302328/2023 · Employment Tribunal
In person For the v Learn by Design Limited (in creditors voluntary liquidation) — 2023
- Case reference
- 3302328/2023
- Decision date
- 21 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge S Moore Appearances
Parties
2 namedClaimant
In person For the
Key findings
Tribunal's reasoningThe claimant, Ms N Gudgin, was employed by Learn By Design Ltd from 1 November 2019 to 31 December 2022 as a Programme Coordinator and was dismissed on grounds of redundancy. She brought claims for a redundancy payment under s.162 Employment Rights Act 1996 and for unpaid holiday pay under paragraph 14 of the Working Time Regulations 1998.
The tribunal relied on the claimant's payslip for Tax Period 11, which recorded gross holiday pay of £1,101.97 and gross redundancy pay of £1,377.46. The respondent made two payments of £500 on 6 March 2023 and 7 April 2023, stating that the remaining monies would be paid later. The respondent then went into creditors' voluntary liquidation on 24 July 2023, and the claimant made an application to the Insolvency Service for the balance.
The tribunal noted later payments from the Insolvency Service of £515.10 on 11 September 2023 and £15.50 on 22 September 2023. On the basis that the respondent's two £500 payments were referable to redundancy pay rather than holiday pay, the tribunal calculated that £571.37 gross holiday pay and £377.46 gross redundancy pay remained unpaid.
The claim for unpaid redundancy pay and unpaid holiday pay therefore succeeded in the total sum of £948.83 gross.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The tribunal found £1,377.46 was due as redundancy pay under s.162 Employment Rights Act 1996. It treated the two payments of £500 made by the respondent on 6 March 2023 and 7 April 2023 as referable to redundancy pay, leaving £377.46 outstanding. | Upheld | — | £377 |
| Holiday pay | The tribunal found unpaid holiday pay due under paragraph 14 of the Working Time Regulations 1998. It accepted the payslip figure of £1,101.97 gross, deducted the £515.10 and £15.50 later paid by the Insolvency Service, and found £571.37 gross remained unpaid. | Upheld | — | £571 |
Remedy
Monetary award- Total award
- £949
- across all upheld claims
Legal tests applied
2 references- s.162 Employment Rights Act 1996
- paragraph 14 of the Working Time Regulations 1998
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.
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