Mr D Olley and Mr T Bothamley v Image Developments (Northern) Ltd (In Liquidation) and The Secretary of State for Business and Trade: 1804359/2023 and 1805106/2023

EMPLOYMENT TRIBUNALS

Case No 1804359/2023, 1805106/2023

Between

Mr D Olley and Mr T BothamleyClaimant

Image Developments (Northern) Ltd (In Liquidation) and The Secretary of State for Business and TradeRespondent

Before

Employment Judge James

In person for claimant

Mr P Soni (instructed by lay representative) for respondent

Date 8 March 2024

JUDGMENT

(1) The claimants were employees of the first respondent, between 6 December 2011 and 2 November 2022 (s.230 Employment Rights Act 1996);

(2) The claimants are net debtors in the insolvency of the first respondent and are therefore not entitled to payments out of the National Insurance Fund (ss.182 and 184 Employment Rights Act 1996)

(3) Had the claimant been entitled in principle to any payments, the decision of the tribunal would have been:

a. They were entitled to notice pay of 11 weeks @ £185.76 = £2,043.36.

b. They had been paid any wages due under the contract;

c. They had not proven they were entitled to any holiday pay.

REASONS

Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.