Resigned with notice but dismissed early: redundancy claim succeeds despite liquidation
An employee who resigned with one month's notice was dismissed without notice by her employer, which later went into liquidation. The tribunal awarded £1,661.25 for unfair dismissal, statutory redundancy, and breach of contract.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant resigned on 27 January 2020 with one month's notice.
- The respondent dismissed the claimant without notice on 20 February 2020.
- The claimant's employment would have ended on 26 February 2020 by operation of law due to her resignation.
- The respondent's response was struck out as its liquidator confirmed it was not being actively pursued.
- The tribunal awarded a statutory redundancy payment of £810, unfair dismissal compensation of £500, and breach of contract damages of £351.25.
Timeline
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Claimant resigned
The claimant tendered her resignation, requiring one month's notice under her contract.
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Dismissal without notice
The respondent dismissed the claimant without notice.
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Employment would have ended
The claimant's employment would have ended by operation of law due to her resignation notice period.
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Claimant started new employment
The claimant began new employment on this date.
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Reserved judgment on TUPE
The tribunal decided that the claimant's employment did not transfer under TUPE to other respondents.
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Tribunal invited submissions on compensation
The tribunal wrote to claimants to confirm that judgment could be given under Rule 21 and invited updated schedules of loss.
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Original judgment date
Employment Judge McDonald issued the original judgment.
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Judgment sent to parties
The original judgment was sent to the parties.
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Claimant applied for reconsideration
The claimant emailed a complaint against the judgment, treated as a reconsideration application.
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Reconsideration refused
Employment Judge McDonald refused the reconsideration application, finding no reasonable prospect of variation or revocation.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and entitled to a statutory redundancy payment and breach of contract damages, given that she had resigned with notice before being dismissed without notice, and the employer was in liquidation.
The outcome
The tribunal ruled in favour of the claimant, finding that she was unfairly dismissed and entitled to a statutory redundancy payment and breach of contract damages.
- Statutory redundancy payment: £810.00
- Unfair dismissal compensation: £500.00 (for loss of statutory rights; basic award reduced to nil due to overlap with redundancy payment)
- Breach of contract damages: £351.25 (one week's net pay for the period from dismissal to the end of her notice period)
- Total: £1,661.25
Lessons & takeaways
- If you resign with notice, your employer cannot dismiss you without notice without potentially being liable for unfair dismissal and breach of contract.
- Even if your employer goes into liquidation, you can still pursue claims at tribunal, but recovery of any award may be limited.
- A statutory redundancy payment is available if you have two years' service and are dismissed by reason of redundancy, even if you have already resigned.
- Keep records of your resignation and any dismissal communication, as these are crucial evidence for tribunal claims.
This case shows what can happen when an employer dismisses an employee who has already resigned. The claimant, a concierge staff member, resigned on 27 January 2020 with one month's notice. Her employer, Urbanbubble Liverpool Limited, dismissed her without notice on 20 February 2020, just days before her notice period would have ended on 26 February 2020. She started a new job the next day.
Why the dismissal was unfair
The employer's response was struck out because its liquidator confirmed it was not being actively pursued. Under Rule 21, the tribunal could decide the claim without a hearing. The tribunal found that dismissing an employee without notice while they are serving their resignation notice is unfair, as there was no fair reason or process. The claimant was also entitled to a statutory redundancy payment because the dismissal was by reason of redundancy, and she had two years' service.
What the employer could have done differently
If the employer had not been in liquidation, it could have avoided liability by allowing the claimant to work her notice period or by following a fair redundancy procedure. Dismissing her early without notice or process was a clear breach of contract and employment rights.
Why this matters for similar claims
This case is a reminder that resignation does not give an employer a free pass to dismiss early. Employees who are dismissed while serving notice may have claims for unfair dismissal and breach of contract, even if they quickly find new work. However, recovering money from a company in liquidation can be difficult, so claimants should weigh the costs and benefits of pursuing a claim.
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