Case 6003992/2025 · Employment Tribunal
Mr Thomas Phillips v Pro Security and Response Limited (In Creditors' Voluntary Liquidation) — 2025
- Case reference
- 6003992/2025
- Decision date
- 5 June 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge E Fowell Appearances
Parties
2 namedClaimant
Mr Thomas Phillips
Key findings
Tribunal's reasoningThe claimant, a security guard with over nine years' service, was dismissed on 31 December 2024 after the respondent lost the contract at the premises where he worked. He brought claims for notice pay and a statutory redundancy payment; he did not pursue an unfair dismissal claim. The respondent did not attend the hearing, having entered creditors' voluntary liquidation on 28 May 2025, although a Mr Jefcoate sent an email taking issue with aspects of the process.
The Tribunal found that the dismissal was wholly or mainly attributable to the cessation of the employer's business at the relevant place, or to a diminution in the requirement for security guards there, satisfying section 139 ERA 1996. An offer of alternative employment was considered but found not to be suitable because it involved driving duties and the claimant does not drive; in any event, the employer had withdrawn the offer. The claimant was therefore entitled to a statutory redundancy payment of 13.5 weeks' pay, amounting to £9,207.
On notice pay, the Tribunal concluded that the letter of 14 November 2024 did not give notice of termination but merely informed the claimant that the contract would end on 31 December 2024, with subsequent discussions about alternative roles. The claimant was accordingly entitled to his full statutory minimum notice of nine weeks at £682 per week, amounting to £6,138. The total awarded was £15,345, recoverable from the Redundancy Payments Office.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Notice pay claim: nine weeks' pay at £682 per week. Tribunal found the 14 November 2024 letter did not constitute notice of termination. | Upheld | — | £6,138 |
| Redundancy | Statutory redundancy payment under ss.135 and 139 ERA 1996: 13.5 weeks' pay (1.5 weeks per year over age 41 for 9 years' service) at £682 per week. Alternative employment offer found not to be suitable. | Upheld | — | £9,207 |
Remedy
Monetary award- Total award
- £15,345
- across all upheld claims
Legal tests applied
2 references- section 135 Employment Rights Act 1996
- section 139 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.
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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