Miss B W M Morrison v Forth Care Ltd (in Liquidation) and Prism Trading Ltd: 4111754/2021
JUDGMENT
The judgment of the Employment Tribunal is that:(1) The claimant’s complaihts of (a) unfair dismissal; (b) protective award under section 189 of Trade Union and Labour Relations (Consolidation Act) 1992; (c) redundancy pay; (d) holiday pay; (e) arrears of pay; and (f) notice pay succeed.(2) The second respondent is removed from the proceedings. The remedy to which the claimant is entitled will be determined at a hearing if required.REASONS
1 . A copy of the claim form setting out the claimant's complaint(s) was sent to the respondent on 25 October 2021 .[2]In accordance with the terms of Rule 16 of the Rules to be found in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 the respondent was required to enter a response within twenty eight days of the date on which a copy of the claim was sent to it but failed to do so.[3]On 16 May 2022, the members and creditors of the respondent placed the respondent was placed into Creditors’ Voluntary liquidation. Kenneth Wilson Pattullo and Kenneth Robert Craig were appointed joint liquidators. The liquidators have indicated that they have no intention of entering the proceedings and there are no funds in the liquidation to satisfy the claims.[4]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim but not in respect of the remedy.[5]The remedy to which the claimant is entitled for the claim will be determined by an Employment Judge at a hearing if required. Employment Judge: M Kearns Date of Judgment: 13 July 2022 Entered in register: 14 July 2022 and copied to parties EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4111754/2021 Miss B W M Morrison Claimant Forth Care Limited (in Liquidation) Respondent