Mr. Peter Tyrrell v Terra-Cotta Warriors Ltd. — 2021

The case was heard on 10 December 2021 at London Central Employment Tribunal before Employment Judge Mr. A. Tinnion. The respondent did not attend or represent itself. The tribunal was satisfied it could determine the claimant's complaints in the respondent's absence under Rule 47, noting that the hearing notice and case management order had been sent, that the claimant had complied with the directions, and that the respondent had not complied with the directions requiring disclosure, witness statements, and electronic copies of the hearing papers.

The tribunal upheld the claimant's breach of contract complaint arising from his summary dismissal on 27 November 2020. It found that 30 days' contractual notice pay was due. Because the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, the tribunal exercised its power under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992 to increase the award by 25%. The breach of contract award was £2,342.80, made up of £1,874.24 notice pay and a £468.56 uplift.

The tribunal also upheld the claimant's complaint under s.14(2) of the Working Time Regulations 1998 for untaken holiday leave pay. It found that the claimant had been employed from 23 August 2020 to 27 November 2020, that 7.36 days of holiday had accrued over that 96-day period, and that no holiday had been taken. The tribunal awarded £460.09 for the untaken leave. The total award payable was therefore £2,802.89.