Ms N Voicu v The Grill Steakhouse Ltd (in liquidation) — 2024

This was a Rule 21 remedy decision after the respondent failed to file a response and did not appear at the hearing. The tribunal said that, even if liability had still to be determined, the documents and evidence before it were sufficient to support the judgment it issued. It found that there was a constructive dismissal which took effect on 21 September 2023 and that the claimant was unfairly dismissed.

The tribunal also found a breach of contract because the claimant was entitled to three weeks' notice of dismissal but received none. It further found that the respondent had failed to pay salary in full before the termination date and had failed to pay holiday due on termination. The respondent was described as seeming insolvent, although the judgment notes that the claimant had not had notice of insolvency from anyone and that any application by the insolvency practitioner to seek reconsideration would be subject to the order.

The tribunal ordered payment of a basic award of £987.18 and a compensatory award of £1,140.93 for unfair dismissal, made up of £500 for loss of statutory rights and £640.93 for loss of earnings. It also awarded £862.12 for notice pay, £599.15 for pay in lieu of holiday, £48.42 for the June 2023 underpayment, and £1,518.73 and £1,513.89 for unpaid wages for August and September 2023. Where the judgment marked amounts as gross, payment is to be made after any appropriate PAYE deduction, and the judgment states that the Recoupment Regulations do not apply. The itemised sums total £6,670.42.