King Concrete Ltd (in creditors voluntary liquidation)

Case Summary

The claimant brought claims for constructive unfair dismissal, holiday pay, arrears of pay, and redundancy pay against King Concrete Limited (in creditors voluntary liquidation). The tribunal found the constructive unfair dismissal claim well-founded but dismissed the claims for holiday pay and arrears of pay as not well-founded. The redundancy pay claim was not actively pursued. The respondent was ordered to pay a basic award of £7,425 and a statutory award of £1,800 under section 38 Employment Act 2002 for breach of duty to provide written employment particulars.

The tribunal found the claimant's constructive unfair dismissal claim well-founded. The respondent was in breach of its duty to provide a written statement of employment particulars, and the tribunal awarded four weeks' gross pay (£1,800) as a statutory award under section 38 Employment Act 2002, finding no exceptional circumstances to make such an award unjust or inequitable.

• •Constructive unfair dismissal
• •Holiday pay claim
• •Arrears of pay claim
• •Redundancy pay claim
• •Breach of duty to provide written statement of employment particulars under section 38 Employment Act 2002

Langley 1 of 2 EMPLOYMENT TRIBUNAL Claimant: Donavan Langley Respondent: King Concrete Limited (in creditors voluntary liquidation) Heard at: London South by CVP On: 23 March 2026 Before: Employment Judge Cox Appearances For the claimant: Mr Donovan in person For the respondent: No attendance. A Mr Simon Sparkes attended at the start of the hearing for King Concrete Pumping Limited JUDGMENT 1. The claimant’s claims of constructive unfair dismissal are well-founded. The claimant was unfairly dismissed. 2. The claims for holiday pay and for arrears of pay are not well-founded and are dismissed. 3. The claim for redundancy pay was not actively pursued and is dismissed. 4. The respondent shall pay the claimant the following sums: 4.1 A basic award of £7,425 gross. 5. When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars or of changes to those particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1800 . Approved by: Employment Judge Cox 23 March 2026 Langley 2 of 2 Sent to the parties on: 25 March 2026 .................................. For the Tribunal Office: ................................... Note Summary reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request for either written summary reasons or written full reasons was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. If the claimant requests written summary reasons then the Tribun…