Mr J Ezard v Total Physiotherapy Ltd (In Voluntary Liquidation): 2405675/2022

EMPLOYMENT TRIBUNALS

Case No 2405675/2022

Between

Mr J EzardClaimant

Total Physiotherapy Ltd (In Voluntary Liquidation)Respondent

Before

Employment Judge Dennehy

In person for claimant

Not represented for respondent

Date 18 October 2022

JUDGMENT

[1]The Claimant’s ET1 is amended to include a breach of contract claim for six weeks unpaid notice provided that within 28 days of todays date the Respondent has not requested a reconsideration, the amendment shall stand.

[2]The Respondent shall pay to the Claimant the sum of £1,346.28 gross (weekly wage of 224.38 x 6) for six weeks unpaid notice pay. The Tribunal calculates the amount of payment on a gross basis, and the Respondent is entitled to make any deductions which are due for tax and national insurance contributions before payment is made to the Claimant.

[3]The Claimant was fairly dismissed by reason of redundancy, however the process followed was unfair due to a lack of consultation and the Tribunal finds that the Claimant was unfairly dismissed by the Respondent.

[4]The Claimant’s basic award for unfair dismissal is in the sum of £448.76 (weekly wage of 224.38 x 2) but this is reduced to nil as the Claimant has already received the sum of £448.76 from the Insolvency Service for two weeks redundancy payment.

[5]The Claimant’s compensatory award is nil in accordance with the so-called Polkey principle (see Polkey v AE Dayton Services Limited

1988 ICR 142

) to reflect the likelihood that even if consultation had taken place and a fair process followed, the Claimant would still have been dismissed in any event as the Respondent had gone into liquidation.

[6]The Claimant’s complaint of a failure by the Respondent to consult and to comply with the requirements of Trade Union and Labour Relations (Consolidation) Act 1992 s188 is well founded and the Tribunal orders the Respondent to make a protective award under TULR (C) A 1992 s189 a payment equivalent to renumerations for the period of 90 days beginning on 02 May 2022 to the Claimant.