(Sitting alone) Mr G Burns v Respondent — 2019

The tribunal rejected the argument that illegality barred the claims. It found the claimant was paid a net sum, had raised the tax position with the employer and was told it would be "sorted", and was entitled to take the employer at face value. On the evidence before it, the contract was not tainted with illegality.

On service length, the tribunal preferred the liquidator's payroll records to the claimant's oral evidence. It found employment ran from 16 September 2011 to 14 September 2018, so the claimant had 6 complete years' service. That finding affected the redundancy calculation and the notice entitlement.

The tribunal accepted that the claimant did not learn of the consultant's dismissal letter until 1 October 2018. It found that his employment had already ended when the first respondent ceased trading on 14 September 2018, and that he was dismissed by reason of redundancy. Because there had been no procedure leading up to the dismissal, the dismissal was unfair. A compensatory award was not made because the tribunal considered it not just and equitable to award one in light of the respondent's financial situation.

On remedy, the tribunal held that the claimant was entitled to an outstanding redundancy payment of £1,355, calculated as £4,194 less £2,839 already paid by the Redundancy Payments Service. It also held that £2,096 remained due for statutory notice pay, being £2,796 less £700 already paid. In addition, it awarded £937.50 gross for 12.5 days of accrued annual leave against the first respondent. The tribunal did not order the Secretary of State to pay the holiday sum because the entitlement arose under the Working Time Regulations 1998 rather than under the contract.