Case 2407141/2022 · Employment Tribunal
Mr A G Tubby v Ormskirk Metal Fabrications Ltd — 2023
- Case reference
- 2407141/2022
- Decision date
- 20 January 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr A G Tubby
Respondent
Key findings
Tribunal's reasoningThe respondent failed to present a valid response on time, and the Employment Judge determined the claim under Rule 21 of the Employment Tribunals Rules of Procedure 2013. On that basis, the tribunal made findings on the papers and dealt with the claimant's claims for notice pay, redundancy pay, annual leave, and unfair dismissal.
The tribunal found that Mr A G Tubby was dismissed in breach of contract in respect of notice and ordered Ormskirk Metal Fabrications Ltd to pay £3,276 gross. It also found that he was dismissed by reason of redundancy and was entitled to a redundancy payment of £4,914. In addition, the tribunal found that the respondent had failed to pay accrued annual leave entitlement of 21 days and ordered payment of £1,965 gross.
The unfair dismissal claim succeeded. No basic award was made because the claimant was awarded the redundancy payment, and the compensatory award was limited to £250 for loss of statutory rights, with no other losses identified. The hearing listed for 31 January 2023 was cancelled.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The claimant was dismissed in breach of contract in respect of notice, and the tribunal ordered damages in the gross sum of £3,276. | Upheld | — | £3,276 |
| Redundancy | The tribunal found the claimant was dismissed by reason of redundancy and entitled to a redundancy payment of £4,914. | Upheld | — | £4,914 |
| Holiday pay | The tribunal found the respondent had failed to pay accrued annual leave entitlement of 21 days and ordered payment of £1,965 gross. | Upheld | — | £1,965 |
| Unfair dismissal | The unfair dismissal claim succeeded. No basic award was made because the claimant was awarded the redundancy payment. A compensatory award of £250 was made for loss of statutory rights only, with no other losses identified. | Upheld | — | £250 |
Remedy
Monetary award- Total award
- £10,405
- across all upheld claims
- Compensatory award
- £250
- compensatory remedy recorded
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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