Miss B S S Azariah v Beardsells Ltd (in compulsory liquidation) and Secretary of State for Business and Trade (England and Wales : Breach of Contract) [2024] UKET 2403654/2024 (18 December 2024)

Miss B S S Azariah v Beardsells Ltd (in compulsory liquidation) and Secretary of State for Business and Trade (England and Wales : Breach of Contract) [2024] UKET 2403654/2024 (18 December 2024)

The tribunal found that the claimant was entitled to contractual payments due to the respondent's breach, and that the Secretary of State is liable for statutory payments in the event of employer insolvency.

Citation
[2024] UKET 2403654/2024
Parties
Claimant: Miss B S S Azariah; Respondent: Beardsells Ltd (in compulsory liquidation); Respondent: Secretary of State for Business and Trade
Jurisdiction
United Kingdom
Judgment Date
18 December 2024
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Miss B S S Azariah

Claimant

Beardsells Ltd (in compulsory liquidation)

Respondent

Secretary of State for Business and Trade

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

  1. 1 Whether the claimant is entitled to remedies for breach of contract following the respondent's compulsory liquidation

Ratio Decidendi

The tribunal found that the claimant was entitled to contractual payments due to the respondent's breach, and that the Secretary of State is liable for statutory payments in the event of employer insolvency.

Court Disposition

Claim upheld

Orders

  • The Secretary of State for Business and Trade is ordered to pay the claimant the sums due under the relevant statutory provisions.