Case 2201883/2019 · Employment Tribunal
Ms L Millin, Counsel For the v Respondent — 2019
- Case reference
- 2201883/2019
- Decision date
- 25 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge O Segal QC
- Venue
- London Central
Parties
1 namedClaimant
Ms L Millin, Counsel For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal refused the respondent's application to extend time to enter a response. It found the delay to be 73 days beyond the 28-day limit, said the explanation was unsatisfactory, noted that the bonus, effective date of termination, and holiday pay issues could be resolved from documents, and applied the Kwiksave v Swain guidance in concluding that the balance of prejudice was not in the respondent's favour.
As a consequence, the claimant's lost-earnings claim was treated as effectively agreed. On the material available, the tribunal found the effective date of termination to be 29 March 2019 and awarded £8,917 for lost earnings during January to March 2019 together with a £1,524 basic award, making £10,441 on the unfair dismissal claim.
The tribunal also found as a fact that the claimant had not taken any of his 2019 leave entitlement and awarded £823 under regulation 14 of the Working Time Regulations 1998 for untaken annual leave. The unpaid bonus claim was dismissed by consent, the costs application was refused, and the total award was £11,264.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal refused the respondent's late-response extension. It found the effective date of termination to be 29 March 2019 and awarded £8,917 for lost earnings during January to March 2019 plus a £1,524 basic award. | Upheld | — | £10,441 |
| Holiday pay | Awarded under regulation 14 of the Working Time Regulations 1998 for untaken annual leave in 2019. | Upheld | — | £823 |
| Breach of contract | The unpaid bonus claim was dismissed by consent. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £11,264
- across all upheld claims
- Basic award
- £1,524
- statutory, unfair dismissal
- Compensatory award
- £8,917
- compensatory remedy recorded
Legal tests applied
2 references- Kwiksave v Swain guidance
- Reg. 14 WTR 1998
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
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