Mr K Hill v Kona Partners LLP — 2019

No response had been served, so the tribunal proceeded under Rule 21. The original respondent, Kona Capital LLP, had been dissolved; by order of 19 June 2019, Kona Partners LLP was substituted as respondent. A postponement request sent on 20 November 2019 was refused, and the hearing went ahead in the absence of the respondent and any representatives.

The unfair dismissal claim succeeded. The tribunal found Mr Hill had five years' continuous service and calculated a basic award of £2,540 by applying the then weekly cap of £508. The compensatory award was made up of £6,548.88 for 12 weeks' lost earnings after the notice period, £500 for loss of statutory rights, and £400 for loss of wages and travel expenses incurred attending two hearings. Paragraph 8 states £7,748.88, but the itemised figures and the final total show the compensatory award was £7,448.88.

The separate breach of contract claim for notice pay also succeeded. The tribunal found there was no contractual notice provision and awarded the statutory minimum notice entitlement on the basis of one week's pay for each completed year of service, using a net weekly wage of £545.74, producing £2,728.72. The claim for arrears of wages for May 2018 succeeded in the sum of £2,183, and the holiday pay claim succeeded in the sum of £890. The total payable by the respondent was £15,790.60.