Case 1302321/2019 · Employment Tribunal
in person v No appearance DEFAULT — 2020
- Case reference
- 1302321/2019
- Decision date
- 22 April 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Broughton Appearances
- Venue
- Birmingham
Parties
2 namedClaimant
in person
Respondent
Key findings
Tribunal's reasoningThe respondent did not appear, had filed no response, and the tribunal noted that it seemingly entered voluntary liquidation on the day of the hearing. Employment Judge Broughton entered default judgment. The claimant's TUPE consultation claim was dismissed because it was presented out of time. The race discrimination claim was not determined at this hearing and was listed for a one-day hearing, including remedy, before the judge and a panel on the first available date after 1 September 2020 if the claimant wished to proceed.
The claimant succeeded on his claims for unpaid commission, unpaid holiday pay and unpaid notice pay. The tribunal awarded £40,910 for unpaid commission from August 2017 to February 2019 in accordance with the claimant's schedule, £615 for 5 days' holiday pay, and £2,461 for 4 weeks' notice pay.
The unfair dismissal claim also succeeded. The claimant accepted that he would have been made redundant at the end of July 2019. The tribunal awarded a basic award of £1,016, calculated as 2 years at £508 per year, and a compensatory award of £11,690 made up of £500 for loss of statutory rights, £3,690 for 6 weeks out of work, £750 for 3 months' ongoing wages lost, and £6,750 for 4.5 months' lost commissions. The total award was £56,692.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Transfer of undertakings (TUPE) | The failure to consult claim was presented out of time. | Dismissed | — | — |
| Unfair dismissal | The claimant accepted he would have been made redundant at the end of July 2019. The award comprised a basic award of £1,016 and a compensatory award of £11,690. | Upheld | — | £12,706 |
| Unlawful deduction from wages | Unpaid commission from August 2017 to February 2019 was awarded in accordance with the claimant's schedule. | Upheld | — | £40,910 |
| Holiday pay | Awarded for 5 days' unpaid holiday pay. | Upheld | — | £615 |
| Breach of contract | Awarded for 4 weeks' unpaid notice pay. | Upheld | — | £2,461 |
Remedy
Monetary award- Total award
- £56,692
- across all upheld claims
- Basic award
- £1,016
- statutory, unfair dismissal
- Compensatory award
- £11,690
- compensatory remedy recorded
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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