Case 3310745/2022 · Employment Tribunal
Mrs J Chambers and Mr P O’Sullivan v Finsbury Management Limited (in voluntary liquidation) — 2023
- Case reference
- 3310745/2022
- Decision date
- 17 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Moxon Representation
- Venue
- Watford via CVP
Parties
2 namedClaimant
Mrs J Chambers and Mr P O’Sullivan
Key findings
Tribunal's reasoningMrs J Chambers and Mr P O'Sullivan were each dismissed by reason of redundancy following the closure of the respondent's business. Their redundancy pay claims were withdrawn because the insolvency company had paid them before the hearing.
The tribunal held that each dismissal was unfair because there had been no consultation. It reduced each basic award to nil because that was the same as the redundancy payment and there could be no double recovery. It also found that no compensatory award arose because each claimant would nevertheless have been made redundant on the same date.
The tribunal further found that the respondent had breached each claimant's employment contract by failing to pay notice pay. It ordered the respondent to pay each claimant £5,405.54 gross and recorded a total order of £4,405.54 gross for each claimant.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Mrs J Chambers: the redundancy pay claim was dismissed upon withdrawal because it had been paid by the insolvency company before the hearing. | Withdrawn | — | — |
| Unfair dismissal | Mrs J Chambers: dismissed by reason of redundancy; the tribunal found the dismissal unfair because there had been no consultation. The basic award was reduced to nil and no compensation arose because she would nevertheless have been made redundant on the same date given the closure of the respondent's business. | Upheld | — | £0 |
| Breach of contract | Mrs J Chambers: the respondent breached the employment contract by failing to pay notice pay and was ordered to pay £5,405.54 gross. | Upheld | — | £5,406 |
| Redundancy | Mr P O'Sullivan: the redundancy pay claim was dismissed upon withdrawal because it had been paid by the insolvency company before the hearing. | Withdrawn | — | — |
| Unfair dismissal | Mr P O'Sullivan: dismissed by reason of redundancy; the tribunal found the dismissal unfair because there had been no consultation. The basic award was reduced to nil and no compensation arose because he would nevertheless have been made redundant on the same date given the closure of the respondent's business. | Upheld | — | £0 |
| Breach of contract |
Remedy
Monetary award- Total award
- £4,406
- across all upheld claims
- Basic award
- £0
- statutory, unfair dismissal
- Compensatory award
- £0
- compensatory remedy recorded
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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