Redundancy without process: food sales assistant awarded £12,651 after unfair dismissal
A food sales assistant dismissed by a butchers that went into liquidation has won £12,651 for unfair dismissal, redundancy and wrongful dismissal after the tribunal found the employer failed to follow proper procedures.
2 min read · Last updated 19 May 2026
Key facts
- Claimant was employed as a food sales assistant from 6 October 2017 to 9 December 2020.
- Claimant was dismissed on 9 December 2020.
- Claimant presented her initial claim to the tribunal 24 hours after dismissal.
- The claim form was initially rejected due to a material error but later accepted on 24 May 2021.
- Respondent entered voluntary liquidation and did not attend the final hearing.
- Tribunal found respondent failed to follow ACAS Code of Practice and applied a 25% uplift.
Timeline
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Employment start (for redundancy calculation)
Claimant started employment with the respondent, according to the redundancy calculation.
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Employment start (as food sales assistant)
Claimant began working as a food sales assistant for the respondent.
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Dismissal
Claimant was dismissed from her employment.
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Early conciliation and initial claim
Early conciliation started and ended on the same day. Claimant presented her claim form to the tribunal.
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Claim accepted
Employment Judge Wedderspoon accepted and issued the claim, approximately 2 months out of time.
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Jurisdiction hearing
Employment Judge Codd granted extension of time for the claim, finding it just and equitable.
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Final hearing
Employment Judge L Knowles found unfair dismissal, redundancy payment, and wrongful dismissal claims succeeded.
The legal issue
Whether the claimant's unfair dismissal claim should be allowed to proceed despite being presented out of time, and whether the dismissal was unfair, entitling the claimant to compensation.
The outcome
The tribunal decided in favour of the claimant on all claims: unfair dismissal, redundancy payment, and wrongful dismissal.
Key reasons:
- The employer failed to follow any redundancy procedure or the ACAS Code of Practice.
- The claimant was dismissed without notice or consultation.
- An extension of time was granted because the claimant had acted promptly and the initial error was minor.
Compensation breakdown:
- Basic award (redundancy payment): £4,050
- Compensatory award: £6,405 (including £1,281 uplift for ACAS Code breach)
- Wrongful dismissal (notice pay): £2,196
- Total: £12,651
Lessons & takeaways
- If you are made redundant without any consultation or process, you may have a claim for unfair dismissal.
- Act quickly: you must usually bring a claim within three months of dismissal, but the tribunal may extend time if you have a good reason.
- Employers who ignore the ACAS Code of Practice risk a 25% uplift on any compensatory award.
- Even if your employer goes into liquidation, you can still pursue a tribunal claim and get a judgment.
- A small error on your claim form may not be fatal if you correct it promptly and the employer was aware of the claim.
A swift dismissal with no process
This case shows what can happen when an employer makes an employee redundant without following any procedure. The claimant, a food sales assistant with three years' service, was dismissed on 9 December 2020. She had no warning, no consultation, and no notice pay. The employer, Garden Market Butchers West Brom Ltd, later entered voluntary liquidation and did not attend the final hearing.
The tribunal found the dismissal was unfair because the employer did not follow a fair redundancy process. It also awarded a statutory redundancy payment and notice pay for wrongful dismissal. Because the employer completely ignored the ACAS Code of Practice on disciplinary and grievance procedures, the tribunal added a 25% uplift to the compensatory award.
Time limits and a minor error
The claimant acted remarkably quickly: she started early conciliation and presented her claim to the tribunal just 24 hours after being dismissed. However, her claim form was initially rejected due to a material error — she had named the wrong respondent. She corrected it, and the claim was accepted about two months out of time. The tribunal granted an extension, finding it was just and equitable to do so given the prompt initial attempt and the minor nature of the error.
What the employer could have done differently
The employer could have avoided this outcome by following a basic redundancy process: consulting with the claimant, considering alternatives to redundancy, and giving proper notice. Even if the business was struggling, a fair process would have significantly reduced the risk of an unfair dismissal finding and the associated costs.
Why this matters for similar claims
This case is a reminder that redundancy does not give employers a free pass to dismiss without process. It also shows that the ACAS Code uplift can substantially increase compensation — here it added £1,281 to the compensatory award. For employees, the case highlights the importance of acting quickly and correcting any errors in your claim form as soon as possible. Even if your employer is in liquidation, you can still obtain a judgment, though enforcing it may be difficult.
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