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Employment Tribunal Rules Employer Must Provide Redundancy Payment After Unfair Dismissal

Case No. 6022127/2024 · Judges Employment, Hindmarch

📌 In brief

An employment tribunal ruled that an employer must provide a redundancy payment when dismissing an employee unfairly. However, claims for holiday pay and commission were withdrawn by the claimant.

⚖️ Legal holding

An employer must provide a redundancy payment when an employee is unfairly dismissed.

Topics

unfair dismissalredundancy payment

Provisions

📖 What the law says

Employment Rights Act 1996 s.98

This section outlines the criteria for determining whether the dismissal of an employee is fair or unfair. It places the burden on the employer to demonstrate the reason for the dismissal and to prove that the reason falls within certain categories, including the employee's capability or qualifications, conduct, redundancy, or contravention of a duty or restriction imposed by law. Additionally, the fairness of the dismissal is judged based on whether the employer acted reasonably in the circumstances.

Plain-English explanation — does not replace advice from a solicitor.

📖 Technical summary

The claimant was unfairly dismissed and entitled to a redundancy payment, but claims for holiday pay and commission were withdrawn.

📜 Headnote Official document

The claimant was unfairly dismissed and entitled to a redundancy payment. The employer failed to pay the correct national minimum wage, made unauthorised deductions from wages, and did not make commission payments during employment.

📚 Full judgment Official document

OUTCOME: Allowed

Case Number: 6022127/2024

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EMPLOYMENT TRIBUNALS

Claimant: [redacted]

Respondent: [redacted] [NAME]; by CVP

On: 20 April 2026

Before: Employment Judge Hindmarch

Appearances For the Claimant: [redacted] For the Respondent: [redacted]

1. The correct Respondent (as per the Claimant’s payslips) is [RESPONDENT] & [RESPONDENT].

2. The claim for accrued but untaken holiday pay is dismissed on withdrawal.

3. The Claimant was unfairly dismissed. The basic award is met by the redundancy payment below. The Claimant makes no claim in respect of a compensatory payment.

4. Given the date of termination was 10 September 2024, the Claimant is entitled to a redundancy payment in the sum of £1029.60. The Respondent shall pay this sum to the Claimant.

5. The Respondent failed to pay the Claimant the correct rate of national minimum wage from 1 April 2024 to termination, such that the Respondent must pay to the Claimant the sum of £303.60 as arrears of pay. This is the gross sum and the Claimant is responsible for the payment of any tax or National Insurance.

6. The Respondent made unauthorised deductions from the Claimant’s wage in the period 1 August 2024 to 10 September 2024. The Respondent shall pay the Claimant £1726.12 which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance.

7. The Respondent failed to make commission payments to the Claimant during her employment in the sum of £925.00 which is the gross sum. The Claimant is responsible for the payment of any tax or National Insurance.

Case Number: 6022127/2024

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Employment Judge Hindmarch

Approved on: 21 April 2026

All judgments apart from those under rule 51 and any written full reasons for judgments are published, in full, online at https://www.gov.uk/employment-tribunal- decisions shortly after a copy has been sent to the claimant(s) and respondent(s).

Full reasons were given orally at the hearing. Written full reasons will not be provided unless requested by any party at the hearing, or by a written request received by the Tribunal within 14 days of the sending of the written record of the decision.

📊 How courts decide similar cases

Among 12 similar decisions in this collection:

A snapshot of this collection — not a prediction of your case's outcome.

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The employer failed to provide a fair reason for the dismissal.
  • The employer made unauthorised deductions from wages or failed to pay accrued but untaken holiday pay.
  • The employer did not comply with statutory requirements for wages, holidays, and employment documentation.
  • The employer discriminated against or harassed an employee on grounds of sex or disability.
  • The employer was required to cover reasonable legal costs when a claimant successfully pursued an employment tribunal case.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What did this decision decide?

The decision found that the employer unfairly dismissed the worker and was required to provide a redundancy payment.

Who was involved?

A worker brought a case against their employer for unfair dismissal and other employment issues.

How did the court decide, and why?

The tribunal decided in favour of the worker based on evidence that the dismissal was unfair and the employer failed to comply with wage laws.

Which laws or rules were applied?

The Employment Rights Act 1996 and national minimum wage regulations were key provisions used in the decision.

What was the argument that mattered most?

The central argument was that the dismissal was unfair, leading to a redundancy payment being required.

Was the decision for or against the person who brought the case?

The decision was in favour of the worker.

What does this mean for someone in a similar situation?

Someone unfairly dismissed may be entitled to a redundancy payment and other compensation if their employer has violated wage laws.

What evidence or documents mattered?

Evidence of unfair dismissal, national minimum wage violations, and unauthorised deductions from wages were crucial.

Can a decision like this be appealed?

Decisions can often be appealed to a higher court if there are grounds for doing so.

Is it worth getting a solicitor for a case like this?

It is advisable to seek legal advice from a qualified solicitor for such cases.

Official source: Employment Tribunal — england-and-wales headnote and full judgment reproduced from the court's public records. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Employment Tribunal and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.