A Stewart v MCE Insurance Ltd (In Creditors voluntary liquidation): 3310054/2023
JUDGMENT
[1]The complaint of constructive unfair dismissal succeeds. The Respondent must pay the Claimant the Basic Award of £7,716 and a Compensatory Award of £500 for loss of statutory rights.[2]The Respondent was in breach of the duty to provide a statement of particulars under s. 1 Employment Rights Act 1996. Pursuant to s. 38 Employment Act 2002, I award the Claimant the sum of £2,805.40 which is the equivalent of four weeks’ pay.[3]The Respondent failed to comply with s. 188 Trade Union and Labour Relations (Consultation) Act 1992 and I award the Claimant a Protective Award of £9,017.10.[4]The complaint for notice pay is dismissed upon withdrawal. Approved by: Employment Judge Graham 29 September 2025[1]The complaint of constructive unfair dismissal succeeds. The Respondent must pay the Claimant the Basic Award of £7,716 and a Compensatory Award of £500 for loss of statutory rights.[2]The Respondent was in breach of the duty to provide a statement of particulars under s. 1 Employment Rights Act 1996. Pursuant to s. 38 Employment Act 2002, I award the Claimant the sum of £2,805.40 which is the equivalent of four weeks’ pay.[3]The Respondent failed to comply with s. 188 Trade Union and Labour Relations (Consultation) Act 1992 and I award the Claimant a Protective Award of £9,017.10. THE START DATE OF THE PROTECTIVE PERIOD IS 7 JUNE 2023, AND THE AWARD IS FOR 90 DAYS AT £100.19 PER DAY.[4]The complaint for notice pay is dismissed upon withdrawal. CORRECTED REASONS 1. The judgment has been corrected at paragraph 3 above to include further detail as to the Protective Award. Approved by: