Case 1804010/2019 · Employment Tribunal

Mr J Day v The Humber Electrical Engineering Company Limited (in Administration) Upon the claimant’s application made by email dated 25 May 2021 to reconsider the — 2021

Case reference: 1804010/2019
Decision date: 17 August 2021
Jurisdiction: England & Wales
Judge: Employment Judge Evans Date

Indexed: 23 May 2026

Parties

2 named

Claimant

Mr J Day

Respondent

The Humber Electrical Engineering Company Limited (in Administration) Upon the claimant’s application made by email dated 25 May 2021 to reconsider the

Key findings

Tribunal's reasoning

Upon the claimant's application under Rule 71 of the Employment Tribunals Rules of Procedure 2013, the Tribunal varied its earlier judgment. It found that the respondent dismissed Mr J Day in breach of contract for failure to give notice, and that he was owed accrued but untaken holiday pay on termination under regulation 14 of the Working Time Regulations 1998 and his contract of employment.

The Tribunal also found that the respondent failed to pay the statutory redundancy payment due to Mr Day. Those claims succeeded, but this judgment did not quantify the monetary amounts; instead, Mr Day was directed to provide full details of the sums sought for breach of contract, holiday pay and redundancy pay, taking proper account of any payments from the Insolvency Service, and to apply for a remedy hearing if he wished one to take place.

In addition, the Tribunal held that the claimant's complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 was well-founded because the respondent failed to comply with section 188. It ordered a protective award under section 189(3) for remuneration covering the period of 90 days beginning on 30 May 2019, and stated that the Recoupment Regulations apply.

Claims and outcomes

4 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Breach of contract	The Tribunal found the respondent dismissed the claimant in breach of contract for failure to give notice. Remedy was not quantified in this judgment and was deferred for a later remedy hearing.	Upheld	—	—
Holiday pay	The Tribunal found the respondent did not pay accrued but untaken holiday pay due on termination under regulation 14 of the Working Time Regulations 1998 and the contract of employment. Remedy was not quantified in this judgment and was deferred for a later remedy hearing.	Upheld	—	—
Redundancy	The Tribunal found the respondent failed to pay the statutory redundancy payment due to the claimant. Remedy was not quantified in this judgment and was deferred for a later remedy hearing.	Upheld	—	—
Trade union	The Tribunal upheld the claimant's complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with section 188. It ordered a protective award of remuneration for the period of 90 days beginning on 30 May 2019; the Recoupment Regulations apply.	Upheld	—	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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