Claimant won £20,892 awarded Employment Tribunal · 21 November 2022

Sewing machinist wins £20,891 after being sole redundancy despite promised mass layoff

A Norwich tribunal awarded £20,891.76 to a sewing machinist who was unfairly selected for redundancy when her employer closed the business but only dismissed her. The award included a 20% uplift for breaching the ACAS Code of Practice.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • Mrs Carter was employed as a Sewing Machinist from 9 April 2014 to 12 February 2022.
  • She was dismissed by reason of redundancy when the business closed down.
  • The respondent failed to present a valid response, leading to a default judgment on liability.
  • The tribunal found the respondent breached the ACAS Code of Practice on dismissals.
  • Mrs Carter was the only employee dismissed despite being told all staff would be made redundant.

Timeline

  1. Employment started

    Mrs Carter began working for the respondent as a Sewing Machinist.

  2. Redundancy meeting

    Mrs Carter was called into a meeting with Director John Pickering and told she would be made redundant due to the business closing.

  3. Dismissal

    Mrs Carter's employment ended; she was paid up to this date.

  4. Early Conciliation started

    Early Conciliation between the parties began.

  5. Claim issued

    Mrs Carter issued proceedings claiming unfair dismissal, redundancy payment, and notice pay.

  6. Claim received by tribunal

    The claim was issued in the South East Employment Tribunals.

  7. Default judgment on liability

    Employment Judge George entered judgment in default, finding for Mrs Carter on unfair dismissal, awarding notice pay of £2,205 and redundancy payment of £3,307.50, and directing a remedy hearing.

  8. Remedy hearing

    Employment Judge M Warren held a remedy hearing; Mrs Carter attended in person; respondent did not attend.

  9. Remedy judgment

    The tribunal awarded Mrs Carter £20,891.76 in unfair dismissal compensation, including a 20% uplift for breach of the ACAS Code.

The outcome

The tribunal awarded the claimant £20,891.76 in unfair dismissal compensation.

  • The respondent failed to present a valid response, leading to a default judgment on liability.
  • The tribunal found the respondent breached the ACAS Code of Practice on dismissals.
  • The compensation included a 20% uplift for the breach.
  • The claimant was the only employee dismissed despite being told all staff would be made redundant.

Lessons & takeaways

  • If you are told you are being made redundant as part of a mass layoff but are the only one dismissed, you may have a claim for unfair selection.
  • Employers who fail to respond to a tribunal claim risk a default judgment, which can lead to higher compensation if the claimant's evidence is accepted.
  • Breaching the ACAS Code of Practice on dismissals can result in a 20% uplift on compensation, so it is important to follow a fair process.
  • Keep records of all communications and meetings about redundancy, as they can be crucial evidence if you challenge the dismissal.

A redundancy that wasn't what it seemed

When a director told a sewing machinist that the business was closing and all staff would be made redundant, she had no reason to doubt him. But after she was dismissed, the other six employees kept their jobs. That discrepancy – combined with a complete failure by the employer to engage with the tribunal process – led to a default judgment and a significant compensation award.

The claimant, who had worked for Sew On and Sew Forth Limited for nearly eight years, was called into a meeting on 8 February 2022 and handed a backdated letter. No note taker was present despite the letter promising one. She was dismissed four days later, the only employee to lose her job.

What the employer could have done differently

The employer did not submit a response to the claim, so liability was decided by default. At the remedy hearing, the company did not attend and was not represented. The tribunal accepted the claimant's evidence, which it found credible. A fair redundancy process would have involved proper consultation, objective selection criteria, and consideration of alternatives. Failing to follow the ACAS Code led to a 20% uplift on the compensatory award.

Why this matters for similar claims

This case shows that tribunals will take a dim view of employers who ignore proceedings and fail to follow basic procedural fairness. For employees, it highlights the importance of challenging a redundancy that appears to single them out, especially when told otherwise. The award of £20,891.76 included notice pay and a redundancy payment already quantified in the default judgment, plus compensation for unfair dismissal with the ACAS uplift.

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