Joe Dufaur v P D Harris (Henfield) Limited — 2024

The tribunal proceeded under Rule 21 after finding the respondent had received the original Notice of Claim but had not filed a valid response by the deadline. It was not satisfied that the respondent had given sufficient reasons to justify extending time for a late response. The tribunal therefore determined the claim in the respondent's absence.

On the merits, the tribunal found that Mr Dufaur was unfairly dismissed. It accepted that he was entitled to a basic award calculated by reference to age, service and weekly pay. It also accepted that he had claimed 21 weeks' lost earnings, but found he could and should have mitigated his loss by finding other employment within 12 weeks.

The tribunal rejected the claimant's request for an additional £11,510 said to be based on a Vento band. It said that such compensation is only available in certain circumstances and not in an unfair dismissal claim. It also found that he was entitled to limited compensation for loss of statutory rights because he had lost employment rights that had accrued with his service.

The annex recorded a basic award of £789.72 and compensatory award of £5,464.88, made up of £5,264.88 for 12 weeks' net earnings loss and £200 for loss of statutory rights. The total award was £6,254.60, subject to the compensation cap noted in the annex as £105,707.00.