Mrs Syra Costello v Natalie Farrar — 2022

Mrs Syra Costello brought claims for unfair dismissal, wrongful dismissal and outstanding holiday pay. The respondent did not file a response in time, and after a case management process that included an unless order, the tribunal rejected the late response under rule 18 of the Employment Tribunals Rules of Procedure 2013. Employment Judge McDonald then determined the case under rule 21 on the material available.

The tribunal held that the unfair dismissal claim succeeded. It was not able to assess compensation on the papers, so remedy for that claim was left to a separate hearing before an Employment Judge sitting alone. The claimant was directed to provide a witness statement and updated schedule of loss, and any award for unfair dismissal was to be assessed with credit for earnings or benefits received after dismissal.

The wrongful dismissal claim also succeeded, with the tribunal ordering £1,416.10 in compensation for dismissal without notice. The holiday pay claim succeeded as well, with £436.92 awarded for holiday accrued but untaken at the date of dismissal. The judgment records that both of those sums had been agreed by Mr Farrar at the case management hearing on 16 February 2022.