Mr G Foster v N B Retail Cushions Ltd (In Creditors Voluntary Liquidation): 6002986/2025
JUDGMENT
[1]The claimant was given 3 months’ notice of termination of his employment by reason of redundancy on 17 September 2024. The notice period lapsed on 18 December 2024 and the termination of employment took place on 18 December 2024.[2]The claimant was unfairly dismissed by reason of redundancy on 18 December 2024.[3]The complaint of unauthorised deductions from wages/breach of contract is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period from 27 September 2024 until 18 December 2024.[4]The respondent shall pay the claimant £671.92 which is the net sum deducted from the claimant’s wages in September 2024. The is the sum owed after deductions for tax and national insurance.[5]The respondent shall pay the claimant £16,077.73, which is the gross sum deducted from his wages in October, November and December 2024. The claimant is responsible for the payment of any tax or National Insurance.[6]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[7]The respondent shall pay the claimant £2756.10. The claimant is responsible for paying any tax or National Insurance.[8]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[9]The respondent shall pay the claimant the following sums:(a) A basic award of £10,500.(b) A compensatory award of £27,718.88. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[10]Under section 163 Employment Rights Act 1996 the claimant is entitled to a statutory redundancy payment of £10,500. However, this is already accounted for by the basic award at paragraph 9(a) above. The claimant is entitled to receive payment of either the basic award or the redundancy payment (and not both.) (Payment of £10,500 representing either the redundancy payment or the basic award shall satisfy the requirements of this judgment.) Approved by: