Kanwaljit Bal v The Sofa and Chair Company (in Voluntary Liquidation) — 2025

The claimant, Kanwaljit Bal, brought a claim of unfair dismissal under s.94 of the Employment Rights Act 1996 against The Sofa and Chair Company (in voluntary liquidation), having been employed as a sales executive from 12 July 2021 until her dismissal on 28 November 2024. The respondent did not attend the hearing and was not represented, having indicated the evening before that it would not respond to the claim. The tribunal proceeded under Rule 47 of the Employment Tribunal Procedure Rules 2024 and accepted the claimant's unchallenged evidence.

The tribunal found that the claimant's performance was at a good level, noting she had achieved approximately 85% of her sales target consistent with her usual performance, and that promised support and trade clients had not been provided. The tribunal observed that the company's financial difficulties, evidenced by its subsequent liquidation, may have been more material to the decision to dismiss than the claimant's performance. The employer had not established a potentially fair reason for dismissal, the dismissal came without prior warning, a dismissal letter was prepared in advance of what was framed as a performance discussion, and the respondent failed to follow the ACAS Code. The tribunal held the dismissal was both procedurally and substantively unfair.

No compensatory award was sought given the respondent's insolvent status. The tribunal made a basic award based on 3 years' continuous service and the claimant being aged over 41, applying 4.5 times the statutory capped weekly figure of £719, producing a total basic award of £3,235.50 payable to the claimant.