Mr A Mahmood v Xyrius Limited (formerly known as Recruitment Centric Limited) — 2020

The tribunal recorded that the respondent’s name was varied to Xyrius Limited after a Companies House change of name on 1 October 2019. It held that the COT3 agreement reached on 21 August 2019, in the context of early conciliation between 3 July 2019 and 17 August 2019, did not cover the complaints in these proceedings. The agreement was described as full and final settlement of outstanding monies due on termination, and it did not include any statutory rights under the Employment Rights Act 1996.

The respondent’s email response sent on 19 August 2020 was rejected as out of time under Rule 16, and no application for an extension of time was made. In the absence of a valid response, judgment was entered for the claimant under Rule 21 in respect of unfair dismissal after exercising or claiming a statutory right under section 104 ERA 1996, and failure to provide a written statement of terms and conditions contrary to section 11(1) ERA 1996.

The tribunal ordered payment of £6,236.46 within 28 days. This comprised a compensatory award for unfair dismissal of £5,139.94, which included a 25% uplift under section 207A TULR(C)A 1992, and a separate award of £1,096.52 for the written statement complaint. The tribunal also noted that the recoupment provisions did not apply because the claimant did not receive relevant benefits during the prescribed period from 22 July 2019, the effective date of termination, to 16 March 2020, the day before he first secured alternative employment.