Case 2301390/2022 · Employment Tribunal
(1) Mr Edward Skilton (2) Mr Adrian Fornal (3) Mr Dariusz Palasz v Nordlichter Ltd — 2023
- Case reference
- 2301390/2022
- Decision date
- 22 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge L Clarke Appearances
Parties
2 namedClaimant
(1) Mr Edward Skilton (2) Mr Adrian Fornal (3) Mr Dariusz Palasz
Respondent
Key findings
Tribunal's reasoningThe tribunal dismissed Mr Skilton's constructive unfair dismissal and alternative redundancy payment claim, together with his wrongful dismissal and holiday pay claims, because they were presented out of time. It found Mr Fornal's constructive unfair dismissal claim, with redundancy payment pleaded as an alternative, together with his wrongful dismissal and holiday pay claims, well founded. It also found Mr Palasz's constructive unfair dismissal claim, with redundancy payment pleaded as an alternative, and his wrongful dismissal claim well founded, but dismissed his unlawful deduction of wages claim from December 2021 wages.
Nordlichter Ltd was ordered to pay Mr Fornal £11,267.69 gross, made up of a basic award of £4,568.00, wrongful dismissal notice pay of £3,421.44, and holiday pay of £3,278.25. The holiday pay figure was calculated on 38.3 days at £124.23 per day, less £1,479.76 already paid. Mr Palasz was ordered to receive £8,845.94 gross, made up of a basic award of £5,424.50 and wrongful dismissal notice pay of £3,421.44.
Claims and outcomes
12 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Mr Skilton's constructive unfair dismissal claim; presented out of time and dismissed. | Dismissed | — | — |
| Redundancy | Alternative redundancy payment basis to Mr Skilton's constructive unfair dismissal claim; presented out of time and dismissed. | Dismissed | — | — |
| Wrongful dismissal | Mr Skilton's notice pay claim; presented out of time and dismissed. | Dismissed | — | — |
| Holiday pay | Mr Skilton's holiday pay claim; presented out of time and dismissed. | Dismissed | — | — |
| Unfair dismissal | Mr Fornal's constructive unfair dismissal claim; redundancy payment was pleaded alternatively. Basic award of £4,568.00. | Upheld | — | £4,568 |
| Redundancy | Alternative redundancy payment basis to Mr Fornal's constructive unfair dismissal claim; no separate redundancy payment amount was quantified. | Upheld | — | — |
Remedy
Monetary award- Total award
- £20,114
- across all upheld claims
- Basic award
- £9,993
- statutory, unfair dismissal
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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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