Mr D Lowe v SUK Retail Ltd and Insolvency Service: 1804401/2019

EMPLOYMENT TRIBUNALS

Case No 1804401/2019

Between

Mr D LoweClaimant

SUK Retail Ltd and Insolvency ServiceRespondent

Before

Employment Judge Maidment

In person for claimant

Not represented for respondent

Date 16 March 2020

JUDGMENT

[1]There is a shortfall in the statutory redundancy payment made by the Second Respondent to the Claimant in the sum of £525 and such amount is payable to the Claimant.

[2]The First Respondent has made an unauthorised deduction from the Claimant’s wages in respect of accrued but untaken holiday entitlement as at the termination of his employment ( holiday accrued after the First Respondent’s insolvency) and is ordered to pay to the Claimant the gross sum of £488.96.

[3]The Claimant having shown that the First Respondent proposed to dismiss as redundant 20 or more employees at its Doncaster store within a period of 90 days or less (the headcount at the store having been supplemented by employees who had previously worked at its Sheffield store), the Tribunal declares that the First Respondent has failed to comply with the requirements of Section 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. The Tribunal makes a protective award that the First Respondent shall pay remuneration to the Claimant for a period of 90 days beginning 20 June 2019.