Mr R Smith v Wesco Aircraft EMEA Limited — 2024

The claimant presented claims for unfair dismissal, a redundancy payment and breach of contract notice pay. In a Rule 21 judgment sent to the parties on 21 August 2024, the tribunal upheld those claims, awarding breach of contract damages of GBP 5,820.12 and unfair dismissal compensation consisting only of a basic award of GBP 19,244.10. The redundancy payment remedy was subsumed by the basic award.

The respondent applied for an extension of time to present its response and later for reconsideration of the Rule 21 judgment. The tribunal refused the extension application, finding that service at the respondent's registered office was good service, that the application was not copied to the claimant, and that the reasons given for the late response were not compelling.

The tribunal also refused reconsideration under Rule 72, concluding there was no reasonable prospect of the judgment being varied or revoked. It considered the respondent's proposed defence to have little reasonable prospects of success and found no basis to suggest that the claimant had achieved an unjust windfall.