Danny Carvalho v Out of Africa Investments Ltd (In Voluntary Liquidation): 2206380/2018
JUDGMENT
[1]I find that the respondent unfairly dismissed the claimant. However, in view of the respondent’s insolvency, I find that the reason for the claimant’s dismissal was redundancy, and that he would have been dismissed fairly on the same date as his dismissal, so that his award is limited to a basic award. The claimant has already received a payment for redundancy and notice pay of £3,095.68, from the Insolvency Service, which appears to be deficient, so the award that the respondent is ordered to pay the claimant is £2,893.66 (based on a redundancy payment entitlement of £3,268.44; damages for failing to give 7 weeks’ notice of £2,720.90; less the £3,095.68 already received). Case Number 2206380/2018[2]The respondent made unlawful deductions from the claimant’s wages as set out below, which the respondent is ordered to pay to the claimant on net basis, without deduction of tax:a. in respect of his pay for the period from 1 July to 7 August 2018; 5 weeks’ net pay (including an average ‘tronc’ payment) of £1,943.50;b. in respect of 16 days, or 3.2 weeks’ accrued but untaken holiday, of £1,243.84, again net.c. Pension contributions (both employer and employee contributions, the latter being deducted but never paid into the claimant’s pension) for the period January to August 2018 of £432.16.[3]The total award (1 and 2) is therefore £6,513.16 net, with no deduction for taxes.