EMPLOYMENT TRIBUNALS (SCOTLAND)Case No: 4113735/2021 & others as per multiple ref 4100138Ms M Forteath & others as per attached schedule Forth Care Limited (in Liquidation) v Represented by: Mr P Kissen - Solicitor — 2022

The claim form was sent to the respondent on 21 December 2021 and the respondent did not enter a response within the required time. The Employment Judge recorded that on 16 May 2022 the respondent was placed into creditors’ voluntary liquidation and that the joint liquidators had indicated they did not intend to enter the proceedings. The judgment also states that there were no funds in the liquidation to satisfy the claims.

On the material available, the Employment Judge determined the case without a hearing as to liability under Rule 21 of the Employment Tribunal Rules of Procedure 2013. The tribunal held that the claimant’s complaints of unfair dismissal, a 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.

The judgment did not determine remedy. It states that the remedy to which the claimant is entitled would be determined by an Employment Judge at a hearing if required.