Mrs J Chambers and Mr P O’Sullivan v Finsbury Management Ltd (in voluntary liquidation): 3310745/2022 and others
JUDGMENT
[1]The Respondent’s name is amended to Finsbury Management Limited (in voluntary liquidation). Mrs J Chambers[2]Mrs J Chambers was dismissed by reason of redundancy. The claim for redundancy pay is dismissed upon withdrawal as it was paid by the insolvency company prior to the hearing.[3]That dismissal was unfair due to there being no consultation.[4]The basic award is reduced to nil as it is the same as the redundancy payment and there cannot be double recovery.[5]No compensation arises on account of the fact that Ms J Chambers would have nevertheless been made redundant on the same date given the closure of the Respondent’s business.[6]The Respondent breached the employment contract by failing to pay Ms J Chambers notice pay and is ordered to pay Ms J Chambers £5,405.54 gross. Case No: 3310745/2022, 3310746/2022, 3310748/2022 & 3310749/2022[7]The Respondent is therefore ordered to pay Ms J Chambers the total of £4,405.54 gross. Mr P O’Sullivan[8]Mr P O’Sullivan was dismissed by reason of redundancy. The claim for redundancy pay was dismissed upon withdrawal as it was paid by the insolvency company prior to the hearing.[9]That dismissal was unfair due to there being no consultation.[10]The basic award is reduced to nil as it is the same as the redundancy payment and there cannot be double recovery.[11]No compensating arises on account of the fact that Mr P O’Sullivan would have nevertheless been made redundant on the same date given the closure of the Respondent’s business.[12]The Respondent breached the employment contract by failing to pay Mr P O’Sullivan notice pay and is ordered to pay Mr P O’Sullivan £5,405.54 gross.[13]The Respondent is therefore ordered to pay Mr P O’Sullivan the total of £4,405.54 gross