Case 1404164/2023 · Employment Tribunal
In person For the v MIRACL Technologies Ltd (In Creditors’ Voluntary Liquidation) — 2024
- Case reference
- 1404164/2023
- Decision date
- 16 May 2024
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
In person For the
Key findings
Tribunal's reasoningThe tribunal heard the case remotely on 26 April 2024 before Employment Judge N J Roper. Mr Wheeler appeared in person; the respondent did not attend. By email dated 25 April 2024, Mr Griffin confirmed that the claim was no longer defended and that the employer's contract claim was withdrawn. The tribunal found that Mr Wheeler had been employed by MIRACL Technologies Limited as Enterprise Sales Director from 13 June 2022 until 22 May 2023 under a written contract of employment.
The contract provided for a three-month notice period after probation and allowed termination on immediate effect if notice pay in lieu was made. The tribunal found that the agreed notice payment was three months' net pay and that holiday entitlement accrued during the lost notice period also had to be paid. On the facts found, the respondent terminated employment on 22 May 2023 but did not make the agreed payments.
The tribunal therefore upheld the claimant's breach of contract claim for three months' notice pay and ordered payment of £15,348.00 net, calculated from monthly net pay of £5,116.00. It also upheld the breach of contract claim for seven days' holiday pay and ordered payment of £2,692.34 gross, calculated at £384.62 per day. The total award was £18,040.34. The employer's contract claim was dismissed on withdrawal.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Three months' notice pay under clause 3.7; the tribunal awarded the net sum of £15,348.00, based on monthly net pay of £5,116.00. | Upheld | — | £15,348 |
| Breach of contract | Seven days' agreed holiday pay under clause 7.5; the tribunal awarded the gross sum of £2,692.34 at £384.62 per day. | Upheld | — | £2,692 |
| Breach of contract | Employer's Contract Claim under Article 4 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994; dismissed on withdrawal by the respondent. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £18,040
- across all upheld claims
Legal tests applied
2 references- Article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- Article 4 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
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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