Case 6014871/2024 · Employment Tribunal
Mr R Smith v R1 Brightdesk Limited in Creditors Voluntary Liquidation R2 The Secretary of State for the Department of Business and Trade R3 Brightdesk Upholstery Limited — 2025
- Case reference
- 6014871/2024
- Decision date
- 6 October 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspinall Representation
- Venue
- Liverpool
Parties
2 namedKey findings
Tribunal's reasoningThe Tribunal found that the claimant's employment transferred by operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006 from the first respondent, Brightdesk Limited, to the third respondent, Brightdesk Upholstery Limited, on 31 January 2024. At the date of the transfer there was no insolvency in the first respondent, which did not enter creditors' voluntary liquidation until 8 May 2024.
On that basis the complaints against the second respondent, the Secretary of State for the Department of Business and Trade, were dismissed. The claimant's claims for a redundancy payment, notice pay and holiday pay were each found to be well founded against the third respondent and succeeded.
The third respondent was ordered to pay the claimant £9,880, comprising £6,330 statutory redundancy pay (15 x 1.5 x £281 gross weekly pay), £3,228 notice pay (12 weeks x £269 net weekly pay) and £322 outstanding holiday pay (6 days at £53.80).
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | Statutory redundancy pay awarded against the third respondent: 15 x 1.5 x £281 gross week's pay. | Upheld | — | £6,330 |
| Breach of contract | Notice pay claim well founded against the third respondent: 12 x £269 net week's pay (1 March 2024 to 24 May 2024). | Upheld | — | £3,228 |
| Holiday pay | Outstanding holiday pay against the third respondent: 6 days at £53.80 per day (1 January 2024 to 1 March 2024, 7 days pro rata less 1 bank holiday taken). | Upheld | — | £322 |
| Redundancy | Complaints against the second respondent (Secretary of State) dismissed because employment had transferred under TUPE to the third respondent on 31 January 2024, before the first respondent's voluntary liquidation on 8 May 2024. | Dismissed | — | — |
| Breach of contract | Notice pay complaint against the second respondent dismissed on the same TUPE basis. | Dismissed | — | — |
| Holiday pay | Holiday pay complaint against the second respondent dismissed on the same TUPE basis. |
Remedy
Monetary award- Total award
- £9,880
- across all upheld claims
Legal tests applied
1 reference- Transfer of Undertakings (Protection of Employment) Regulations 2006
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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