Case 2502229/2019 · Employment Tribunal
Ms EJ Russell v Respondent — 2019
- Case reference
- 2502229/2019
- Decision date
- 12 August 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Russell Francis
Parties
1 namedClaimant
Ms EJ Russell
Respondent
- —
Key findings
Tribunal's reasoningThe claim was presented on 3 July 2019 and served on 10 July 2019 at the respondent's registered office. The tribunal was satisfied that service was valid and noted that no response was received by the due date. Applying rule 21 of the Employment Tribunals Rules of Procedure 2013, the Employment Judge decided on the available material that judgment could be entered on liability only.
On that material, the tribunal found the claims of wrongful dismissal (breach of contract), failure to pay compensation for untaken annual leave, and unfair dismissal to be well founded on the balance of probabilities. The judgment states the common law position that dismissal without reasonable notice is wrongful unless gross misconduct is proved, refers to Regulation 14 of the Working Time Regulations 1998 in relation to untaken annual leave, and identifies Part X of the Employment Rights Act 1996 as the statutory basis for unfair dismissal.
The tribunal said there was not enough information to determine a redundancy payment claim that had been ticked in the form. It also noted that the claimant's schedule of loss included requests that could not be awarded, including claims against directors personally and other companies they control.
Because the tribunal did not have enough information to fix the sums payable, it directed that a remedy hearing be listed for the first available date, with a time estimate of two hours, and that the respondent could participate on remedy matters only.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | Liability only judgment under rule 21; the tribunal found the wrongful dismissal (breach of contract) claim well founded but deferred remedy to a later hearing. | Upheld | — | — |
| Holiday pay | The tribunal found the claim for failure to pay compensation for untaken annual leave well founded under Regulation 14 of the Working Time Regulations 1998; remedy was not determined in this judgment. | Upheld | — | — |
| Unfair dismissal | Liability only judgment under rule 21; the tribunal found the unfair dismissal claim well founded but ordered a separate remedy hearing. | Upheld | — | — |
Legal tests applied
4 references- rule 21 Employment Tribunals Rules of Procedure 2013
- reasonable notice / gross misconduct
- Regulation 14 Working Time Regulations 1998
- Part X Employment Rights Act 1996
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.
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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