Case 4112356/2021 · Employment Tribunal
Claimant v Forth Care Ltd (in Liquidation) and Prism Trading Ltd — 2022
- Case reference
- 4112356/2021
- Decision date
- 14 July 2022
- Jurisdiction
- Scotland
- Judge
- Employment Judge M Kearns Date
Parties
2 namedClaimant
Claimant
Key findings
Tribunal's reasoningIn a Rule 21 judgment dated 13 July 2022, the tribunal recorded that the claim form had been sent to the respondent on 9 November 2021 and that no response was entered within the required 28 days. It also recorded that on 16 May 2022 Forth Care Limited was placed into creditors' voluntary liquidation, that the joint liquidators did not intend to enter the proceedings, and that there were no funds in the liquidation to satisfy the claims.
On the available material, the Employment Judge decided that liability could properly be determined without a hearing but remedy could not. The judgment states that Miss D Henderson's complaints of unfair dismissal, protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992, redundancy pay, holiday pay, arrears of pay and notice pay all succeeded. Prism Trading Limited was removed from the proceedings.
The judgment does not quantify any monetary award. It states that the remedy to which the claimant is entitled will be determined at a hearing if required.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states that the complaint of unfair dismissal succeeded. | Upheld | — | — |
| Other | The judgment states that the complaint of a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeded; there is no specific taxonomy label for that claim. | Upheld | — | — |
| Redundancy | The judgment states that the complaint of redundancy pay succeeded. | Upheld | — | — |
| Holiday pay | The judgment states that the complaint of holiday pay succeeded. | Upheld | — | — |
| Unlawful deduction from wages | The judgment states that the complaint of arrears of pay succeeded. | Upheld | — | — |
| Breach of contract | The judgment states that the complaint of notice pay succeeded. | Upheld | — | — |
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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