Case 3306099/2023 · Employment Tribunal
Ms J Collier v NBC Construction Limited ('in creditors voluntary liquidation') — 2024
- Case reference
- 3306099/2023
- Decision date
- 21 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Read Appearances
- Venue
- Reading via VCP
Parties
2 namedClaimant
Ms J Collier
Key findings
Tribunal's reasoningMs J Collier attended in person, accompanied by her husband, and the respondent did not attend. Employment Judge Read held that the complaint of unfair dismissal was well-founded and found that the claimant had been unfairly dismissed. The tribunal also determined under section 163 Employment Rights Act 1996 that she was entitled to a statutory redundancy payment of £6,771.55.
The tribunal further found that the respondent had failed to pay notice pay under section 86 Employment Rights Act 1996 and ordered payment of £2,902.08. It upheld the holiday pay complaint, finding that the respondent had made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when the claimant's employment ended, and awarded £361.73.
The tribunal found that when the proceedings began the respondent was in breach of its duty to provide a written statement of employment particulars. As there were no exceptional circumstances making an award unjust or inequitable, it ordered payment of £483.68 under section 38 Employment Act 2002. The tribunal noted that no award of future earnings, re-appointment, or re-engagement was made. The awards totalled £10,519.04, subject to the tribunal's note that the claimant is responsible for any appropriate tax or National Insurance on the amounts awarded.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed, but no award of future earnings, re-appointment, or re-engagement was made. | Upheld | — | — |
| Redundancy | Statutory redundancy payment awarded under section 163 Employment Rights Act 1996. | Upheld | — | £6,772 |
| Breach of contract | Notice pay ordered under section 86 Employment Rights Act 1996. | Upheld | — | £2,902 |
| Holiday pay | Holiday pay claim succeeded because the respondent failed to pay for holidays accrued but not taken on termination; the tribunal described this as an unauthorised deduction from wages. | Upheld | — | £362 |
| Other | Award under section 38 Employment Act 2002 because the respondent was in breach of its duty to provide written statement of employment particulars and there were no exceptional circumstances making an award unjust or inequitable. | Upheld | — | £484 |
Remedy
Monetary award- Total award
- £10,519
- across all upheld claims
Legal tests applied
3 references- section 163 Employment Rights Act 1996
- section 86 Employment Rights Act 1996
- section 38 Employment Act 2002
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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