In person For the v Orphidia Ltd — 2019

The respondent did not present a timely response and the tribunal refused to extend time. Although the respondent had earlier obtained a postponement on the basis that Dr Rachamim was with his wife in Switzerland, the tribunal later recorded that he had been seen in London on 7 August 2019 and proceeded in the respondent's absence at the 21 August 2019 hearing.

On liability, the tribunal accepted all three unpaid wages claims. It also accepted Mr Burton's complaint about notice pay and held that his claim form contained a timely complaint of constructive unfair dismissal, despite the respondent's argument that the dismissal claim was out of time. The tribunal found that the ET1 had been presented within time and that a later ACAS certificate did not undermine the earlier timely claim.

On remedy, Mrs Sarnataro was awarded four months' net pay for December 2018 to March 2019, less £1,000 already paid, plus £46.61 in employer pension contributions and £304 preparation time. Mr Lally was awarded unpaid wages for November and December 2018 and 1 to 19 January 2019, plus £304 preparation time. Mr Burton was awarded December 2018 pay, two months' notice pay, pension contributions, a £1,016 basic award and a £348.53 compensatory award, plus £304 preparation time, giving a total award of £7,854.18 before the preparation time order.