A Case Study by Senior Employment Law Solicitor Hifsa O’Kelly
Mr S was employed by Minshall Construction Limited as a Sales Office Manager from 2005. On 5 February 2015, Mr S was invited to a meeting with one of the Directors and told that his position was going to be made redundant.
A few hours later, he received a letter advising him that the Company was terminating his employment with immediate effect.
Mr S did not receive any redundancy, notice or holiday pay. He was also not paid for the days that he had worked from 30 January 2015. Mr S was one of 30 people who were made redundant, another 40 employees were transferred by way of TUPE to Minshall Construction (UK) Limited.
Mr S considered that the function of Minshall Construction (UK) Limited was the same as the previous one, and another individual who was doing the same role as Mr S was transferred to Minshall Construction (UK) Limited.
Minshall Construction Limited and Minshall Construction (UK) Limited failed to elect representatives to inform and consult with Mr S about the TUPE transfer or the redundancy.
Mr S instructed Co-op Legal Services to represent him.
How We Helped
Mr S’s case was prepared and heard at the Employment Tribunal on 2 and 3 September 2015. This included gathering all the relevant evidence, drafting the ET1 (Claim Form), preparing witness statements and the Schedule of Loss.
The Employment Tribunal held that Mr S was unfairly dismissed by Minshall Construction (UK) Limited.
As Minshall Construction (UK) Limited became insolvent and went into administration, the Secretary of State was liable to pay Mr S’s basic award, notice pay and holiday pay. Mr S also recovered sums towards his Employment Tribunal fees.
Minshall Construction (UK) Limited were ordered to pay Mr S his loss of earnings and future loss of earnings to the sum of approximately £15,000.00 and a contribution of his legal costs.