Case 6002986/2025 · Employment Tribunal
Mr G Foster v N B Retail Cushions Ltd (In Creditors Voluntary Liquidation) — 2025
- Case reference
- 6002986/2025
- Decision date
- 3 December 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Eeley
Parties
2 namedClaimant
Mr G Foster
Key findings
Tribunal's reasoningEmployment Judge Eeley (sitting alone) heard this matter at Manchester by CVP on 3 December 2025. The claimant Mr G Foster appeared in person; the respondent (N B Retail Cushions Ltd, in Creditors Voluntary Liquidation) did not attend and was not represented.
The Tribunal found that the claimant was given three months' notice of redundancy on 17 September 2024, with termination effective 18 December 2024, and that he was unfairly dismissed by reason of redundancy. The complaint of unauthorised deductions/breach of contract was upheld for unpaid wages from 27 September to 18 December 2024, with £671.92 net (September) plus £16,077.73 gross (October-December) ordered. Holiday pay of £2,756.10 was awarded for accrued but untaken leave.
The unfair dismissal complaint succeeded with a basic award of £10,500 and a compensatory award of £27,718.88 (figures stated to be the actual sums payable after any deductions or uplifts). The claimant's statutory redundancy entitlement of £10,500 under section 163 ERA 1996 is subsumed by the basic award; the claimant is entitled to either the basic award or the redundancy payment but not both.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Unfair dismissal by reason of redundancy. Basic award £10,500 plus compensatory award £27,718.88 (sums payable after any deductions/uplifts applied). Statutory redundancy payment of £10,500 entitlement is subsumed by the basic award - claimant entitled to one or the other, not both. | Upheld | — | £38,219 |
| Unlawful deduction from wages | September 2024 net deductions £671.92 (after tax/NI) plus October-December 2024 gross deductions £16,077.73. | Upheld | — | £16,750 |
| Holiday pay | Accrued but untaken holiday on termination. | Upheld | — | £2,756 |
| Redundancy | Statutory redundancy payment entitlement of £10,500 under s.163 ERA 1996 - already accounted for via the basic award (claimant cannot recover both). | Upheld | — | — |
Remedy
Monetary award- Total award
- £57,725
- across all upheld claims
- Basic award
- £10,500
- statutory, unfair dismissal
- Compensatory award
- £27,719
- compensatory remedy recorded
Legal tests applied
1 reference- s.163 Employment Rights Act 1996
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.
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