Mr Sean Keenan v Proper Group AG and 1 other — 2025

The tribunal held that Mr Sean Keenan was employed by the second respondent, Utopia Accelerate (UK) Limited, and not by the first respondent, Proper Group AG, so all claims against the first respondent were dismissed. It found that he had been continuously employed by the second respondent from 22 January 2022 to 26 August 2024.

On unfair dismissal, the tribunal accepted that the claimant had been constructively unfairly dismissed contrary to Part X of the Employment Rights Act 1996. It found that, had he not been unfairly dismissed, his employment would have ended on 26 November 2024 when the second respondent entered creditors voluntary liquidation. The tribunal awarded a basic award of £1,400, calculated by reference to two years' service and age 38, and a compensatory award of £37,879.34 for 92 days' loss of net salary and cash allowance, grossed up for tax, together with the loss of employer pension contributions.

The redundancy payment claim succeeded, with the tribunal finding that the claimant was dismissed by reason of redundancy. No separate redundancy payment award was made because the basic award had already been awarded under the unfair dismissal claim. The breach of contract claim also succeeded, but the tribunal held that the first 92 days of loss were already covered by the unfair dismissal compensatory award, so no additional notice-pay damages were due. Damages were limited to £3,058.44 for the respondent's failure to make employer pension contributions between 25 March 2024 and 26 August 2024.

The unlawful deduction from wages claim succeeded in relation to unpaid salary and cash allowance for the period 25 March 2024 to 25 August 2024, calculated at £48,833.32. The final order then deducted £6,396.72 received from the Redundancy Payment Service, leaving a net total award of £84,774.38 across the claims.