Mr Mitchell Carey v Olivex (UK) Limited — 2021

Mr Mitchell Carey brought a claim against Olivex (UK) Limited which was heard by Judge Miller-Varey sitting alone at Manchester on 13 December 2021. The respondent did not attend. The tribunal treated the respondent’s email of 11 December 2021 as an application to adjourn the hearing, refused that application, and proceeded with the liability hearing under rule 47.

The tribunal held that the respondent had failed to pay the claimant in respect of accrued but untaken holidays. It therefore found the respondent liable and ordered it to pay the claimant the gross sum of £775.79. No separate breakdown of the award was given in the judgment.

The claimant also wished to pursue a preparation time order. That application was not dealt with at the hearing and was left to be determined in writing after further submissions. The tribunal directed the claimant to set out the basis on which rule 76 was engaged and the time spent on the case, and directed the respondent to provide any grounds of resistance. The tribunal noted that the hourly rate under rule 79(2) was £41 per hour.